[Download] "State v. Lee" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Lee
• Author : Hawaii Supreme Court
• Release Date : January 24, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

For brevity and clarity, the City of Council Bluffs and its defending officers, and the Iowa State Highway Commission and its defending members, will be referred to, respectively, as the "City," and as the "Commission." This case was tried below, and comes to this court, by somewhat irregular procedure. It was instituted by the plaintiffs and the defendants as a "test" case. While it was alleged in the petition, and admitted in the answers, that the viaduct will be constructed unless the defendants are enjoined, it appears from the record that these allegations were simply for the purpose of stating an issue, and that the defendants did not and do not intend to build the viaduct if this court determines that the abutting owners are entitled to compensation for the taking of their property or to damages for its injury. While they seek a ruling of this court in the nature of an advisory opinion, yet the question for determination is not exactly moot or abstract, and its answer is necessary for the disposition of an actual pending controversy and concerns a matter of public importance, the settlement of which is desired by all parties to the suit. The entrance of the interveners into the case has made it one of a real adversary nature, and the judgment and decree of this court will be a final adjudication of the rights of the parties. 1 C.J.S., Actions, 1012 et seq., sections 17, 18.

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