State ex rel. Wasserman v. Fremont

Stanley and Kathryn Wasserman requested a writ of mandamus to compel the city and its mayor to commence an appropriation action to determine whether a taking occurred when the city's actions when constructing a reservoir on the Wasserman's property constituted a taking and how much compensation, if any, was due to the Wassermans. The court of appeals granted the writ. The Supreme Court reversed, holding that the court of appeals erred in granting the a writ of mandamus to compel the city and its mayor to commence an appropriation proceeding when the court had not yet determined that the Wassermans' property had been taken by the city. Remanded. View "State ex rel. Wasserman v. Fremont" on Justia Law