Beers v. Incorporated Town of Gilmore City

I. Appellees are the owners of 160 acres of land, lying south of a public highway known as a primary road, extending west from the town of Gilmore City. Three of the *840’s abut upon the highway. The remaining 40 is immediately south of the west 40. The east 40 is owned jointly by plaintiffs; the remaining 40 ’s are owned separately by the appellee Emma Beers.

The town council of Gilmore City, on October 5, 1920, passed a resolution of necessity, providing for the condemnation of a site upon appellees’ east 40, for a disposal plant. A sheriff’s jury, composed exclusively of citizens and…