State v. Superior Court for King County

377 P.2d 425, 61 Wash. 2d 153, 1963 Wash. LEXIS 420
CourtWashington Supreme Court
DecidedJanuary 2, 1963
DocketNo. 36332
StatusPublished
Cited by2 cases

This text of 377 P.2d 425 (State v. Superior Court for King County) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Superior Court for King County, 377 P.2d 425, 61 Wash. 2d 153, 1963 Wash. LEXIS 420 (Wash. 1963).

Opinion

Hamilton, J.

— By writ of certiorari, relators seek review of an order adjudicating public use and necessity in a condemnation proceeding.

Relators own three parcels of land in Seattle, which the state seeks to appropriate as a part of a 535-foot right of way for a portion of Primary State Highway No. 1, a limited access facility, otherwise identified as the Seattle Freeway.

The following sketch, prepared by the court from the exhibits, illustrates the relationship of relators’ property (parcels 7-801, 7-802, and 7-803) to the proposed right of way.

Relators concede the public use and necessity for acquisition of parcel 7-802. Relators contest, however, the necessity of the proposed appropriation of parcels 7-801 and 7-803.

At the conclusion of a rather extended hearing, the trial court entered an order adjudicating public use and necessity as to relators’ three parcels.

Relators, in their brief, state the issue to be “whether public use and necessity requires the taking of the easterly 100 feet of real property belonging to relators.”

Ten assignments of error are propounded, which, by their interrelationship, and relators’ argument, fall into three basic categories: (1) Purported errors of the trial court in admitting certain evidence, permitting the state to reopen its case, and proposing a mistrial; (2) insufficiency of the state’s proof upon the issue of necessity; and (3) legal and constitutional objections.

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Related

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Court of Appeals of Washington, 2014
State Ex Rel. Lange v. SUP. CT. FOR KING CTY.
377 P.2d 425 (Washington Supreme Court, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
377 P.2d 425, 61 Wash. 2d 153, 1963 Wash. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-superior-court-for-king-county-wash-1963.