Magma Flood Control District v. Palmer

MOLLOY, Judge.

This is an appeal from a judgment dismissing a condemnation action brought by the Magma Flood Control District seeking to acquire certain real property for the purpose of erecting dikes, dams and diversion structures for the purpose of providing flood control within the district. The judgment in the lower court is expressly predicated upon the holding that certain sections of our statutory code pertaining to flood control districts were repealed by implication by subesquent legislation on the subject.

On appeal, the judgment below is defended on two additional grounds: (1) that…