City of Wellington v. Miller

The opinion of the court was delivered by

Hatcher, C.:

This appeal steins from a voluntary dismissal of an appeal by the condemner in a condemnation proceeding.

The facts are limited. The City of Wellington condemned certain lands for street improvement purposes including land of the appellants. The city paid the amount of the appraisers’ award on all tracts, costs and appraisers’ fees into court on June 24, 1966. On the same day the city took an appeal to the district court from the award of the appraisers’ for the appellants’ tract. The appellants did not appeal from the appraisers’ award.

On…