Carroll Electric Cooperative Corp. v. Lambert

This is a condemnation case. Carroll Electric Cooperative Corporation (Carroll Electric) filed a petition to condemn a right-of-way for an electric transmission and distribution line across properties owned by two couples: Ralph and Mary Lambert; and William Darch and his wife, Frances Bon Tempo (collectively, Landowners).1 After Carroll Electric presented evidence at a hearing, Landowners moved to dismiss the action -without prejudice pursuant to § 523.256.2 The trial court granted Landowners’ motion for two reasons: (1) Carroll Electric “exceeded its authority” in seeking eminent domain for…