Village of Roseville v. Sunset Memorial Park Assn. Inc.

Frank T. Gallagher, Justice.

This case arises on a motion to dismiss the appeal of Sunset Memorial Park Association, Inc., on the ground that said appeal is from a nonappealable order of the district court.

In April 1961, the village of Roseville petitioned for condemnation of a strip of land owned by the appellant cemetery to be used for the purpose of building a state-aid road. On June 14, 1961, the district court made findings denying the petition on the ground that the property proposed to be taken was already devoted to a public use.

Just prior to the above findings Ex. Sess. L. 1961, c.…