State Ex Rel. Gove v. Tate

SEILER, Judge.

This is an original action in prohibition. The question is whether the respondent judge would be exceeding his jurisdiction if he proceeds to enter an order of condemnation in an action brought by the city of Linn, a city of the fourth class, to acquire an easement across the property of relators for the construction, maintenance and operation of a sewer line, approximately four feet beneath the surface.

The answer is yes, for two reasons: First, on the record before us, there is no ordinance authorizing the city to proceed with the condemnation action. There is only a resolution…