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ABOLT v. CITY OF FORT MADISON

No. 50122.

108 N.W.2d 263 (1961)

Mrs. E. O. ABOLT, Appellant, v. CITY OF FORT MADISON, The Department of Public Docks of the City of Fort Madison, The Park Commission of the City of Fort Madison, Iowa, and the Walter Caldwell Company, Appellees.

Supreme Court of Iowa.

March 7, 1961.

Attorney(s) appearing for the Case

McManus & McManus, Keokuk, and Joseph L. Phelan, Fort Madison, for appellant.

Roy W. Deitchler, City Atty., for the City of Fort Madison, Napier & Fehseke and Pollard, Lawse & Deitchler, Fort Madison, for City of Fort Madison, Dept. of Public Docks of the City of Fort Madison and Park Commission of the City of Fort Madison, Pollard, Lawse & Deitchler, Fort Madison, and Herrick, Langdon & Sidney, Des Moines, for Walter Caldwell Co., appellees.

GARFIELD, Chief Justice.

This is a suit in equity by Mrs. E. O. Abolt, a resident property owner, to restrain defendants, City of Fort Madison, Department of Public Docks of the City, and Walter Caldwell Company, from proceeding under a lease from the dock board of the city to Caldwell of 2.2 acres of what is known as Riverview Park for the purpose of constructing and operating dock and warehouse facilities along the Mississippi river. Following trial to the court...

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