State ex rel. Doner v. Zehringer
Annotate this CaseThis was an original action by Relators, property owners, for a writ of mandamus to compel Respondents, the Department of Natural Resources and its director, to initiate appropriation proceedings for the physical taking of their property resulting from flooding caused by a spillway constructed by Respondents and the state's lake-level-management practices. On December 1, 2011, the court granted a writ of mandamus to compel Respondents to commence appropriation proceedings to determine the amount of their taking of the property. Following failed settlement negotiations, the State filed appropriation cases for the property of two of the relators. All of the relators with the exception of the two then filed a motion for an order for Respondents to show cause why they should not be held in contempt of the court's December 1, 2011 writ. The Supreme Court held that Relators established by clear and convincing evidence that Respondents were in contempt of the court's December 1, 2011 writ and ordered Respondents to file appropriation cases for Respondents' parcels.
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