Board of Education of the City of Nickerson v. Gum

The opinion of the court was delivered by

Price, J.:

These consolidated appeals arise out of a condemnation proceeding by the Board of Education of the city of Nickerson to acquire land upon which to locate a proposed new school building. The appeals are by landowners affected.

Case No. 39,897 will be referred to as the condemnation proceeding, and case No. 39,898 will be referred to as the injunction action.

On January 7, 1955, the Board of Education filed a petition for condemnation of two city blocks of residential property, part of which was owned by W. O., Earl and Roy C. Gum, for a site…