State v. Core Banks Club Properties, Inc.

Defendant demurs to the complaint upon the following grounds: (1) It discloses no statutory authority for the State to condemn its property for the purpose alleged- — -a federally owned park — ; (2) it reveals that the condemnation is not for a State public use; and (3) it fails to allege compliance with statutory requirements, which are conditions precedent to the institution of this action.

We postpone at the outset the basic question whether the law now authorizes the condemnation in suit and advert to defendant’s third ground for demurrer, i.e., that plaintiff has not alleged compliance…