Trustees of Schools of Township 42 v. Schroeder

The question presented by this appeal is whether a school district governed by article 7 of the School Code, (Ill. Rev. Stat. 1959, chap. 122, pars. 7 — 1 to 7 — 23,) is prohibited from taking land by eminent domain within 40 rods of the owners’ dwelling.

The issue was raised by a traverse to the petition on the theory that the property was exempt from condemnation. Review was sought on a previous appeal of this cause, but was denied on the ground that it is not permissible in an appeal from an order granting a new trial. (23 Ill.2d 74.) The cause is again brought here by the respondents…