State Ex Rel McNutt v. Orcutt

On Petition for Rehearing Dissenting Opinion

Treanor, J.,

Dissenting. — I respectfully dissent from the action of the court in overruling appellees’ petition for rehearing.

The plaintiff in the condemnation proceeding was the State of Indiana on the relation of the Department of Public Works of the State of Indiana. The Board of Public Works by resolution had declared that it was necessary for the State of Indiana to acquire the “rights, title and interest” of Minnie P. Orcutt in and to the real estate in question for state forestry purposes and for other uses connected therewith. The complaint…