King County v. City of Seattle

(dissenting) — This is an eminent domain proceeding instituted by King County to condemn real property for *695roadway purposes. The petition alleged that the United States, through its agencies, has conveyed or is about to convey to the county its interest in the proposed right of way; that the Northern Pacific Railway Company and the cities of Seattle and Tacoma claim to own some interest in a portion of the proposed roadway, and that the real estate for a roadway is necessary for public use.

The majority hold that the controverted factual issues raised by the pleadings, affidavits, and exhibits…