King County v. Theilman

This is a condemnation proceeding, authorized by the Board of County Commissioners of King County, to acquire land owned by relator.

By writ of certiorari, relator presents for our review an order of the trial court determining that the right of way “ . . . sought to be appropriated and used is really and in fact a public use . . . ”

The law applicable to respondents’ motion to quash the writ is so intertwined with the law pertaining to the merits of the cause that we deny the motion and proceed to a consideration of the merits. See First Nat. Bank of Everett v. Tiffany, 40 Wn. (2d) 193, 242 P.…