Public Utility District No. 1 v. Washington Water Power Co.

Is a decree of public use and necessity, entered under the condemnation statutes of this state, subject to modification on the grounds that new or changed conditions have come into existence since its entry?

October 30, 1945, public utility district No. 1 of Chelan county, a municipal corporation (to which we will refer hereafter as the “district”), filed a petition in eminent domain seeking condemnation of certain properties owned by The Washington Water Power Company. On November 19, 1948, after various motions and demurrers had been disposed of, the court entered a decree of public use and…