Carolina Power & Light Co. v. Merritt

ARNOLD, Judge.

In February 1962 the petitioner brought condemnation proceedings against these respondents, seeking to acquire for the purpose of constructing a steam electric generating plant 447.17 acres of the 558.273 acres it wishes to condemn in the present proceeding. Respondents’ demurrer and their motion to dismiss *441were overruled. Stipulations were filed by the parties in May, and on 4 December 1962 a “Final Judgment” was entered, as follows:

THIS CAUSE coming on to be heard and it appearing that the plaintiff, Carolina Power & Light Company, does not need any portion of the defendants’…