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GARDNER v. CHARLES CITY

No. 52149.

144 N.W.2d 915 (1966)

Walter L. GARDNER et al., Appellants, v. CHARLES CITY, Iowa, Lee Albaugh, Mayor, Carl Clancy, Wally Hladky, John Sebern, Cecil Galloway, Fred Newton and Clarence Gage, Members of the City Council, and Iowa State Highway Commission, Appellees.

Supreme Court of Iowa.

September 20, 1966.

Attorney(s) appearing for the Case

Larson & Carr, Charles City, for appellants.

Zastrow, Noah & Smith, Charles City, for appellees except Iowa State Highway Commission.

James E. Graham, Asst. Atty. Gen., for appellee Iowa State Highway Commission.

GARFIELD, Chief Justice.

Plaintiffs own homes in Charles City proposed to be taken or damaged by defendants, city and state highway commission, for the purpose of widening the public street incident to relocating U. S. Highway 18 for about four blocks through the city. They brought this suit in equity to enjoin defendants from proceeding with the proposal. On defendants' motion the trial court dismissed the petition on the ground it alleged insufficient ultimate facts...

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