Marks v. Bettendorf's, Inc.

The opinion that failed of acceptance by the other members of the court, referred to in the majority opinion, was written by me. My colleagues agreed with my opinion in all respects except on the question of the adequacy of the protest petition. I agree with the majority opinion in all respects, except that part which holds that the protest petition was inadequate.

The defendants in support of their contention that the protest petition is insufficient state that in most cases the signers of the protest petition were not the sole owners of the property for which they signed. The record shows…