County Board of School Trustees v. Batchelder

The county board of school trustees filed a petition in the circuit court of Macon County seeking to condemn 1.45 acres of land for playground and other school purposes. The owner, Mollie Batchelder, and her husband, Charles, filed a traverse and motion to dismiss on the grounds that no effort was made to acquire the land by negotiation and agreement, and that the land sought was not necessary for public use. After a hearing on such issues the court found in favor of the plaintiff and ordered a jury. The jury returned a verdict fixing the compensation at $4750, judgment was entered upon the…