State ex rel. Department of Transportation v. Cole

TAYLOR, Y.C.J.

¶ 1 The first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase “pending trial on the issues by jury” constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike the demand and only after the matter has been set on the jury sounding docket at least seven times and set for trial at least once. We answer yes.1

I. FACTS

¶ 2 Unless otherwise noted,…