STATE v. CITY OF IOWA FALLS

No. 48753.

74 N.W.2d 594 (1956)

STATE of Iowa ex rel. Harry LOWN, Appellant, v. CITY OF IOWA FALLS, E. L. Ackerman, Mayor, the City of Iowa Falls, and Paul White, City Manager and City Clerk of said city, Appellees.

Supreme Court of Iowa.

February 7, 1956.


Attorney(s) appearing for the Case

John F. Wirds, and John P. Whitesell, Iowa Falls, for appellant.

DuWayne J. Wessels, Iowa Falls, for appellees.


SMITH, Justice.

Relator's property, upon which he desires to build a residence, lies along the easterly side of the Iowa River which runs southeasterly through defendant city. The proposed building site is said to be on a "scenic promontory" overlooking the river; but it is, nevertheless, more than two feet lower than, and 152 feet distant from, the nearest city sewer.

His deed describes "all available land" in city block 44, 264 feet deep, and...

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