Heinz v. City of Davenport

Miller,' J.

-Plaintiffs’ petition asserts that plaintiffs own certain real estate in Davenport, Iowa, which the defendant' City is undertaking to condemn for- the establishment' of an alley for a public use and purpose; that said undertaking violates section 18, Article I of the Constitution of Iowa in that it is in truth .and in fact the taking of plaintiffs’ property for a private use rather than for a public use, constitutes a legal fraud, is done in bad faith not for the public good but merely to aid and assist a private corporation with the powers belonging to defendant City. Plaintiff…