Reversed and remanded.
Mr. JUSTICE SCHAEFER delivered the opinion of the court:
Since 1909, school districts with a population of less than 1000 have been denied authority to acquire by eminent domain any tract of land "outside the limits of any incorporated city or village, and within forty rods of the dwelling of the owner of the land." School districts with a population of more than 1000 have never been subject to such a restriction. The question in this...
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