upholding an act granting power to cities to acquire real estate for off-street parking by eminent domain on the grounds that “‘the absolute independence of the departments and the complete separation of the powers is impracticable, and was not intended’ ”
How later courts described this case
- upholding an act granting power to cities to acquire real estate for off-street parking by eminent domain on the grounds that “‘the absolute independence of the departments and the complete separation of the powers is impracticable, and was not intended’ ”
- eminent domain approved for construction of marina to be leased to a private party
- city may condemn land for parking facility and lease the facility to a private corporation
Written by the judges who cited it.
The opinion
Harvey, C. J.,
(dissenting in part and concurring in part). I dissent from the holding that the acquisition of property by the city for off-street parking facilities is for public use and from all parts of the *254 opinion predicated upon that view. My view is that the construction and operation of off-street parking property is an ordinary commercial business which the legislature cannqt grant to cities and in which the city has no authority to engage. I concur in the holding that the proposed contract between the city and Park and Shop, Inc., is invalid for all the reasons stated in the opinion and think more could be added.