Condemnation of Land of Mission v. Bennett

Miller, J.:

This is an appeal from a judgment entered against the plaintiff for costs, including appraiser’s fees and attorney fees, in a condemnation action that was dismissed prior to the appraisers filing their report.

The defendant, John Bennett, is the owner of a warehouse and office building in the City of Mission which adjoins Lot 202, the tract of land involved in the dispute. All of the real estate is zoned by the City as “use district C-2” which requires forty-eight off-street parking spaces. Bennett’s property, excluding Lot 202, has only four off-street parking spaces. Without a…