Mercer Island School Dist. No. 400 v. Victor Scalzo, Inc., 34972
| Decision Date | 30 July 1959 |
| Docket Number | No. 34972,34972 |
| Citation | 54 Wn.2d 539,342 P.2d 225 |
| Parties | MERCER ISLAND SCHOOL DISTRICT NO. 400, Plaintiff and Relator, v. VICTOR SCALZO, INC., a Washington corporation; and Joseph Sealzo, Inc., a Washington corporation, Defendants, The Superior Court for King County, Roger J. Meakim, Judge, Respondent. |
| Court | Washington Supreme Court |
Charles O. Carroll, Pros.Atty., Maurice M. Epstein, Seattle, for relator.
Rosling, Williams, Lanza & Kastner, Joseph J. Lanza, Seattle, for respondent.
Mercer Island School DistrictNo. 400 commenced this action against the defendants, Victor Scalzo, Inc., and Joseph Scalzo, Inc., to acquire from them, by condemnation, certain property for a school site, as provided by RCW 8.16.050.
At the hearing upon the petition for an order of public use and necessity, the owners appeared and resisted the granting of the order upon two grounds, (1) that there was no present necessity for the taking and acquisition of the property by the district, and (2) that the portion of the school district's budget allocated for the acquisition of building sites for the fiscal year had been expended, and the district would therefore be unable to pay the award for the site, should it be acquired by condemnation.
The court denied the district's petition for the order solely upon the ground that the portion of the district's budget allocated for acquiring school sites during the current year would be exceeded by the payment of any reasonable award for the property sought to be condemned.The district seeks a review here of the court's order, by certiorari.
The relator contends that the court erred in admitting evidence, over its objection, of...
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Public Utility Dist. No. 1 of Pend Oreille County v. Inland Power & Light Co.
...proposed public purpose. See State ex rel. Lange v. Superior Court etc., supra. As stated in Mercer Island School District No. 400 v. Scalzo, Inc. (1959), 54 Wash.2d 539, 540, 342 P.2d 225, 227, 'At the hearing on the first phase, the court is concerned only with evidence regarding the nece......
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State ex rel. Lange v. Superior Court, 36332
...possession. Public Util. Dist. No. 1 v. Washington Water Power Co., 43 Wash.2d 639, 262 P.2d 976; Mercer Island School Dist. No. 400 v. Victor Scalzo, Inc., 54 Wash.2d 539, 342 P.2d 225. We are here concerned exclusively with the first phase, which, in turn, is subdivided into three interre......
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Table of Cases
...4.5(2)(b) Mendez v. Palm Harbor Homes, Inc., 111 Wn. App. 446, 45 P.3d 594 (2002): 21.1(3) Mercer Island Sch. v. Victor Scalzo, Inc., 54 Wn.2d 539, 342 P.2d 225 (1959): 13.1 Merlin v. Rodine, 32 Wn.2d 757, 203 P.2d 683 (1949): 1.5(2) Merriman v. Cokeley, 168 Wn.2d 627, 230 P.3d 162 (2010) (......
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§13.1 - Introduction
...that just compensation to the owner and the transfer of title to the condemning authority. See Mercer Island Sch. v. Victor Scalzo, Inc., 54 Wn.2d 539, 540, 342 P.2d 225 (1959); Des Moines v. Hemenway, 73 Wn.2d 130, 138, 437 P.2d 171 The eminent domain process begins on a legislative level.......