Middlemist v. City of Plymouth

OPINION

FORSBERG, Judge.

This is an appeal by the landowners from a judgment entered in an action for mandamus and inverse condemnation. The trial court on a motion for summary judgment ruled that respondent City of Plymouth was required to compensate the landowners, but declined to issue a writ of mandamus compelling the city to commence eminent domain or condemnation proceedings, and did not award appellants attorneys fees. The city has filed a petition for review of the judgment. We reverse the judgment insofar as it orders compensation to be paid by respondent.

FACTS

Appellant Robert…