Elliott v. CITY OF INDIANAPOLIS

The Board of Public Works of the City of Indianapolis appropriated certain real estate owned by the appellant for the opening of a street under its statutory power of eminent domain. Appellant appealed his case to the trial court under §48-2112, Burns’ 1950 Repl. (Acts 1933, ch. 15, §12, p. 37.)

The issues were formed by the appellant’s complaint (plaintiff in the lower court), which alleged that the action of the board was unfair, in that the final roll showed no benefits and no damages, whereas appellant alleged that a fair award of damages would be $25,000.00.

The essential facts in the case…