City of Los Angeles v. Waldron
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Los Angeles. Petition by the city of Los Angeles for condemnation of lands for the purpose of widening a street within the city. The respondents, owners of property claimed to be subject to condemnation, demurred generally to the petition. The demurrer was sustained, and respondents had judgment. The facts appear in the opinion of the court.
1Opinion of the Court
The Court.
It is insisted on behalf of the respondents that the demurrer to the petition was properly sustained:—
First— Because it is not alleged that it is necessary to take the property sought to be condemned, for any municipal or public use. It is alleged “that the council of said city, on the 4th day of November, 1882, duly passed and adopted an ordinance in writing,” directing proceedings to be taken to condemn certain property of the respondents for the purpose of widening Main Street, between Washington and Adams Streets, and “that it is now necessary to condemn said land for public use…
2Cited by14 opinions
- Crowe v. BoyleCalifornia Supreme Court · 1920
- Osburn v. StoneCalifornia Supreme Court · 1915
- McGilvery v. City of LewistonIdaho Supreme Court · 1907
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- City of Eugene v. JohnsonOregon Supreme Court · 1948
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