Stellingwerf v. Lenihan

Plaintiff is the owner of a tract of 14.3 acres in Le Mars. Defendant Board of Park Commissioners filed application with defendant sheriff for condemnation of the land. Notice was served on plaintiff as to appraisal of damages, to be made on June 8, 1957. June 7 plaintiff filed this action in equity to enjoin the condemnation proceedings.. Plaintiff’s petition alleged that while the application for condemnation was for park purposes, in accordance with section 370.24, 1954 Code, the truth was that defendants were condemning for the purpose of securing at least five acres out of the tract as…