Board of Education of the Hickory Administrative School Unit v. Seagle

COZORT, Judge.

Plaintiff Board of Education initiated legal proceedings to condemn a portion of defendants’ property for the purpose of expanding the facilities of Oakwood Public Elementary School. Defendants con tested the taking of the property, contending ultimately that the land was not a “suitable site” because plaintiff had failed to obtain a permit from the United States Army Corps of Engineers and had failed to properly consider the expansion’s effect on the Oakwood Historic District. The trial court granted summary judgment for plaintiff Board on all issues except the matter of just…