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MILLER v. ROHLING

No. 04-0706.

720 N.W.2d 562 (2006)

Carol MILLER, Dorothy Miller, Robert Dwyer, Holly Dwyer, Linda Franck, and Debra Litts, Appellees, v. Kenneth ROHLING, Todd Rohling and Jana Rohling, Appellants.

Supreme Court of Iowa.

August 25, 2006.

Attorney(s) appearing for the Case

Rand S. Wonio of Lane & Waterman LLP, Davenport, for appellants.

Steven J. Kahler of Schoenthaler, Roberg, Bartelt & Kahler, Maquoketa, for appellees.

Paul S. Swinton of Morain, Burlingame & Pugh, P.L.C., West Des Moines, for amici curiae Iowa Farm Bureau Federation, Iowa Institute for Cooperatives, Agribusiness Association of Iowa, and Iowa Corn Growers Association.

Christina L. Gruenhagen, West Des Moines, for amicus curiae Iowa Farm Bureau Federation.

TERNUS, Justice.

The appellants, Kenneth Rohling, Todd Rohling, and Jana Rohling, appeal an adverse judgment for nuisance damages entered after a bench trial on claims asserted by the appellees, Carol Miller, Dorothy Miller, Robert Dwyer, Holly Dwyer, Linda Franck, and Debra Litts. The defendants contend the trial court erroneously found their grain drying and storage activities constituted a nuisance. They also challenge the court's calculation of damages and award...

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