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MATHIASEN v. STATE CONSERVATION COMMISSION

No. 48715.

70 N.W.2d 158 (1955)

Simon MATHIASEN, Kjaerstine Mathiasen, as Guardian of the property of Bertha Mathiasen, Dallas Havick, Helena White, Henry Hansen, Marinus Hansen, Mabel Hansen, Margaret Christensen, James White, Nicholas White and Evalyn Johnson, Appellants, v. The STATE CONSERVATION COMMISSION, the State of Iowa, and William S. Beardsley, Melvin D. Synhorst, Chet B. Akers, M. L. Abrahamson and Clyde Spry, as members of the Iowa State Executive Council, Appellees.

Supreme Court of Iowa.

May 3, 1955.

Attorney(s) appearing for the Case

Leland C. White, Harlan, and Edward S. White, Carroll, for appellants.

Dayton W. Countryman, Atty. Gen., and Kent Emery, Asst. Atty. Gen., Des Moines, for appellees.

SMITH, Justice.

The petition was originally in two divisions, the first praying for a declaratory judgment and injunction, the second, in certiorari. Both sought to prevent condemnation of plaintiffs' land by defendants for the construction of an artificial lake and state park in consummation of what is referred to as the Shelby County Lake project.

The first division of the petition was later dismissed. The court then, on defendants' motion, transferred the...

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