Gardner v. City of Charles City

Garfield, O. J.-

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 to warrant relief. Plaintiffs have appealed. We affirm the decision.

Contents of plaintiffs’ original petition, except as restated in…