PEOPLE v. VAN GORDEN

Docket No. 27395.

226 Cal.App.2d 634 (1964)

38 Cal. Rptr. 265

THE PEOPLE, Plaintiff and Appellant, v. VINE VAN GORDEN et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

April 24, 1964.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Howard S. Goldin, Assistant Attorney General, N.B. Peek and Don G. Kircher, Deputy Attorneys General, for Plaintiff and Appellant.

Andre & Wood and Richard D. Wood for Defendants and Respondents.


HERNDON, Acting P.J.

The plaintiff State of California appeals from the judgment of dismissal entered against it in its action seeking to condemn certain parcels of land for state park purposes. The trial court, sitting without a jury in the trial of the preliminary legal issues relating to public use and necessity, found that the condemnation was for a "public use," but that there was no public necessity for the acquisition of the land described in the complaint...

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