Trustees of Schools v. Clippinger

Petitioner-appellant, Trustees of Schools of District No. 41, Du Page County, appeals from an order of the circuit court dismissing its petition for condemnation of a lot for a playground immediately adjacent to the junior high school in Glen Ellyn.

The petition and a motion to dismiss filed by the defendant Allan A. Myers were the only pleadings in the case. Defendant urged only the one point that a valid contract existed between the parties for the purchase of the lot and that, therefore, the petition could not be filed. The court sustained this motion and dismissed the petition.

Defendant…