Venice
City of Venice v. Short Line Beach Land Co.
Opinion
Lead Opinion
Shaw, J.
The Short Line Beach Land Company appeals from a judgment in favor of the city of Venice declaring that a certain strip of land claimed by said company is a public street or highway in the city of Venice.
The proceedings in the court below were initiated by a complaint filed by the city of Venice against said Land Company to condemn said land and other parcels for a public street. This complaint was filed on September 27, 1912. An answer was filed thereto and the cause was continued from time, to time until May, 1914, when the court, pursuant to a stipulation of the parties, made an order granting the Land Company leave to file a cross-complaint concerning the particular parcel now in question, on condition that the issues raised by the cross-complaint should be determined and disposed of before the issues raised upon the complaint in condemnation were determined. The cross-complaint was filed accordingly and the city of Venice made answer thereto. The issues upon this cross-complaint came on for trial in 1915. In the meantime the city of Venice had dismissed its action for con- dam nation. The only questions for decision here are those arising upon the cross-complaint. The…