Diehn v. Penner

The opinion of the court was delivered by

Parker, J.:

This is an injunction proceeding wherein the plaintiff seeks to restrain the board of county commissioners of Johnson county, acting as the governing board of Mission Township Main Sewer District No. 1 of such county, and the contractor employed by such board to construct the improvement herein involved from utilizing a strip of plaintiff’s land in the construction of a permanent sewer on the ground the board had failed to acquire the right to take his property for that purpose under and by virtue of any valid condemnation proceeding. By…