Wampler v. Trustees of Indiana University

Appellee, brought this action to condemn and appropriate the absolute fee simple title to certain real estate owned by appellants, and to be used by Indiana University as a parking lot in connection with a student dormitory located across the street from such real estate.

Appellants filed objections to appellee’s complaint thereby raising, inter alia, the following questions:(1) Did appellee have the power to condemn appellants’ land for the intended purpose?(2) Is there a necessity for the taking?(3) Was there a “good faith” effort to purchase?

From an order overruling appellants’ objections…