Township Committee of Kearney v. Ballantine

The opinion of the court was delivered by

Dixon, J.

This writ of error brings up a judgment of the ■'Supreme Court setting aside proceedings taken by the township of Kearney, in the course of which lands of the defendants in error were condemned for the opening of a street.

One of the grounds upon which the Supreme Court based its judgment is, that the award for the lands condemned was made without notice to the owners of any hearing before a tribunal authorized to fix the amount thereof.

The only legislative authoi’ity for the proceedings taken is found in the charter of Kearney township,…