Legal Opinion

Ermels v. City of Webster City, Iowa

Supreme Court of Iowa

Decided September 20, 1955No. 48746PublishedCited by 11 opinions

1Opinion of the CourtHays, J.

Acting under chapter 390, Code of 1954, the de- . fendant, City of Webster City, Iowa, has ordered condemnation of certain real estate owned by plaintiffs. In 'this proceeding plaintiffs seek to enjoin the defendant from so doing. Plaintiffs’ petition was dismissed by the trial court and they have appealed.

The question raised goes to the constitutionality of the chapter and is approached from two angles: (1) As an abstract legal proposition, and (2) as presented by the instant situation.

I. As an abstract question-:

Section 390.1, Code of 1954, provides in part as follows: “Cities and towns…

2Cases cited16 opinions

  1. Rindge Co. v. County of Los AngelesSupreme Court of the United States · 1923
  2. City of Trenton v. LenznerSupreme Court of New Jersey · 1954
  3. Poole v. City of KankakeeIllinois Supreme Court · 1950
  4. McSorley v. FitzgeraldSupreme Court of Pennsylvania · 1948
  5. Gate City Garage v. City of JacksonvilleSupreme Court of Florida · 1953

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Timmons v. South Carolina Tricentennial CommissionSupreme Court of South Carolina · 1970
  2. Thornberry v. State Board of RegentsSupreme Court of Iowa · 1971
  3. Mann v. City of MarshalltownSupreme Court of Iowa · 1978
  4. Karesh v. CITY COUN. OF CITY OF CHARLESTONSupreme Court of South Carolina · 1978
  5. Abolt v. City of Fort MadisonSupreme Court of Iowa · 1961

6 more not listed; retrieve them via the Exa API.

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