Northwestern Pacific Railroad v. Superior Court

Upon the filing of a condemnation suit to obtain land for the proposed extension of a street, the city of Eureka obtained an ex parte order allowing it to “take immediate possession of the real property . . . and . . . immediately remove all obstacles and structures from said land and construct a street thereon. ...” Following the denial of several motions to rescind or to vacate that order and the overruling of the railroad’s demurrer to the complaint, this court granted a writ of review and also issued an alternative *456 writ of prohibition to restrain further proceedings until the question of the jurisdiction of the superior court to entertain the action is determined.

The complaint of the city, after reciting the pertinent resolution of its city council and alleging public interest and necessity, states that “the right of way sought to be condemned herein involves the removal and relocation of certain railroad spur tracks of the defendant corporation. ...” The railroad company takes the position that the Public Utilities Commission has exclusive, or at least original or primary jurisdiction, to determine whether there shall be an abandonment, removal, or relocation of…