STELLINGWERF v. LENIHAN

No. 49315.

85 N.W.2d 912 (1957)

Edward STELLINGWERF, Appellant, v. D. J. LENIHAN, Stanley Post, and Dr. W. L. Downing, Board of Park Commissioners of the City of Le Mars, Iowa, and Frank Scholer, Sheriff of Plymouth County, Iowa, Appellees.

Supreme Court of Iowa.

November 12, 1957.


Attorney(s) appearing for the Case

Murray & Murray, Sheldon, and E. P. Murray, Le Mars, for appellant.

James P. Kelley, Le Mars, for appellees.


PETERSON, Justice.

Plaintiff is the owner of a tract of 14.3 acres in Le Mars. Defendant, Board of Park Commissioners, filed application with defendant sheriff for condemnation of the land. Notice was served on plaintiff as to appraisal of damages, to be made on June 8, 1957. June 7th plaintiff filed this action in equity to enjoin the condemnation proceedings. Plaintiff's petition alleged that while the application for condemnation was for park purposes in accordance...

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