State Ex Rel. Dungan v. SUP'R CT. FOR GRANT COUNTY

In this case, we are called upon to review an order adjudicating a public use entered in a condemnation proceeding instituted by a third class city for the purpose of acquiring a right of way thirty feet in width for a pipeline as an addition to its municipal water system. The defendants’ demurrer to the petition was overruled. A hearing was had on the petition, which resulted in the entry of an order adjudicating that the contemplated use of the property by the city is a public use. The defendants sought and obtained a writ of review in this court.

The parcel of land over which the city of…