Mayfield v. Board of Education

*139The opinion of the court was delivered by

Harvey, J.:

This is a suit to enjoin the board of education of the city of Salina from condemning a site selected and erecting thereon a grade-school building. A demurrer was sustained to the petition, and plaintiffs have appealed.

Situated in the resident portion of Salina is a city block, 1,200 feet in length north and south and 240 feet in width. The board of education selected as a site for a new grade-school building a tract of ground about the center of this block the long way, extending from street to street the narrow way, and are proceeding…