Mathiasen v. State Conservation Commission

The petition was originally in two divisions, the first praying for a declaratory judgment and injunction, the second, in certiorari. Both sought to prevent condemnation of plaintiffs’ land by defendants for the construction of an artificial lake and state park in consummation of what is referred to as the Shelby County Lake project.

The first division of the petition was later dismissed. The court then, on defendants’ motion, transferred the case to the law side and on trial dismissed plaintiffs’ petition. Plaintiffs appeal.

We shall discuss the legal propositions involved without particular…