City of Des Moines v. Hemenway

This case is here on a writ of certiorari, sought by petitioner, the city of Des Moines, after the King County Superior Court refused to enter an order of public use and necessity in a condemnation proceeding. The city is seeking to condemn tidelands owned by respondents for the purpose of constructing, operating, and maintaining a marina, i.e., moorage and other facilities for small boats.

Petitioner is a small, third-class city located on Puget Sound between Seattle and Tacoma. In 1965, petitioner retained the firm of Reid Middleton & Associates, consulting engineers and land surveyors, to…