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STATE EX REL. DUNGAN v. SUP'R CT. FOR GRANT COUNTY

No. 33088.

46 Wn.2d 219 (1955)

279 P.2d 918

THE STATE OF WASHINGTON, on the Relation of J.G. Dungan et al., Plaintiff, v. THE SUPERIOR COURT FOR GRANT COUNTY, Richard B. Ott, Judge, Respondent.

The Supreme Court of Washington, Department Two.

February 14, 1955.

Attorney(s) appearing for the Case

Southard & Palmer, for relators.

John W. Baird, for respondent.

DONWORTH, J.

In this case, we are called upon to review an order adjudicating a public use entered in a condemnation proceeding instituted by a third class city for the purpose of acquiring a right of way thirty feet in width for a pipeline as an addition to its municipal water system. The defendants' demurrer to the petition was overruled. A hearing was had on the petition, which resulted in the entry of an order adjudicating that the contemplated use of the property...

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