City of San Diego v. Superior Court

The city of San Diego seeks a writ of prohibition to restrain the superior court from proceeding with the trial of a condemnation action pursuant to an order vacating part of an earlier order. The case is presented on demurrer by two of the defendants in the condemnation action, as real parties in interest, who are hereinafter referred to as respondents.

On December 14, 1945, the city brought an action to condemn certain land needed in the development of Mission Bay Park in the Mission Bay area of the city. Respondents owned realty included among the large number of parcels involved. Summons…