Legal Opinion

Dennis v. Independent School District of Walker

Supreme Court of Iowa

Decided October 6, 1914PublishedCited by 18 opinions

Appeal from Linn District Court. — HoN. Milo P. Smith, Judge. This is a certiorari proceeding brought by the plaintiff in the district court against the school district and its board of directors to have the action of the school board, wherein they seek to condemn certain premises for schoolhouse grounds, reviewed and declared null and void because, as is alleged, the school board exceeded its jurisdiction, power, and authority, under the statute, and otherwise acted…

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Appeal from Linn District Court. — HoN. Milo P. Smith, Judge. This is a certiorari proceeding brought by the plaintiff in the district court against the school district and its board of directors to have the action of the school board, wherein they seek to condemn certain premises for schoolhouse grounds, reviewed and declared null and void because, as is alleged, the school board exceeded its jurisdiction, power, and authority, under the statute, and otherwise acted illegally. The case was tried upon the record and an agreed statement of facts. The court found in favor of the defendants and…

1Opinion of the CourtPrestoN, J.

There is no dispute as to the facts, some of which are admitted in the answer, others are covered by an agreed statement. It appears that the defendant, the Independent School District of Walker, for twenty-five years prior to July, 1911, owned and used-lots 1 and 2, block 4, in the town of Walker, as a school site. Said lots are each fifty by one hundred and forty-seven and five-tenths feet in size and contain one-third of an acre. They are within the platted portion of the town. The additional land sought to be condemned is within the corporate limits, but is not within the platted part of…

2Cases cited7 opinions

  1. Taylor v. Inhabitants of CaribouSupreme Judicial Court of Maine · 1907
  2. Becklin v. BecklinSupreme Court of Minnesota · 1906
  3. People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
  4. State v. ProutySupreme Court of Iowa · 1900
  5. King v. CarrollSupreme Court of Iowa · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Welsh v. KuntzCourt of Appeals of Maryland · 1950
  2. Benschoter v. HakesSupreme Court of Iowa · 1943
  3. Kelly v. BrewerSupreme Court of Iowa · 1976
  4. State v. PraterNorth Dakota Supreme Court · 1922
  5. State v. ConallySupreme Court of South Carolina · 1955

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