TOWN OF MARKLEVILLE v. MARKLE ET AL.

No. 30,088.

242 Ind. 322 (1962)

179 N.E.2d 279

TOWN OF MARKLEVILLE v. MARKLE ET AL.

Supreme Court of Indiana.

Filed January 4, 1962.


Attorney(s) appearing for the Case

Lawrence Booram, of Anderson, for appellant.

G. Douglass Owens, of Pendleton and William F. Lawler, Jr., of Anderson, for appellees.


LANDIS, J.

Appellant town brought suit to condemn real estate and right of way for a sewage treatment plant and sanitary sewer.

Appellees are the owners of real estate sought to be condemned and filed objections to the proceedings setting up that the named trustees of appellant town were not duly elected under the election laws of Indiana and have no power to condemn the lands of appellees as they were not vested with such authority by statute. Trial by the...

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