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ERMELS v. CITY OF WEBSTER CITY, IOWA

No. 48746.

71 N.W.2d 911 (1955)

Peter ERMELS and Barney Ermels, doing business as Ermels Brothers, a Partnership, Plaintiffs-Appellants, v. CITY OF WEBSTER CITY, IOWA, Defendant-Appellee.

Supreme Court of Iowa.

September 20, 1955.

Attorney(s) appearing for the Case

Prince & Guthrie, Webster City, Sterling Alexander, Des Moines, for appellants.

Whitley M. Hemingway, Stewart H. M. Lund, Webster City, for appellee.

HAYS, Justice.

Acting under Chapter 390, Code of 1954, I.C.A.; the Defendant, City of Webster City, Iowa, has ordered condemnation of certain real estate owned by Plaintiffs. In this proceeding Plaintiffs seek to enjoin the Defendant from so doing. Plaintiffs' petition was dismissed by the trial court and they have appealed.

The question raised goes to the constitutionality of the Chapter and is approached from two angles. (1) As an abstract legal proposition...

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