City of Caldwell v. Roark

BAKES, Justice.

Roy and Oleta Roark brought an action against the City of Caldwell to establish their interest in land that was formerly the subject of condemnation proceedings instituted by the city. The Roarks also moved to amend the judgment entered in the condemnation action. The trial court granted summary judgment to the city and denied the Roarks’ motion to amend. The Roarks appeal from both rulings. We affirm.

I

In 1965 the city brought an action to condemn certain land owned by the Roarks. The city alleged that the land was “necessary for the enlargement, improvement and maintenance of…