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ESTELLE v. IOWA STATE HIGHWAY COMMISSION

No. 50841.

119 N.W.2d 900 (1963)

Jack ESTELLE and Georgis M. Estelle, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

Rehearing Denied April 8, 1963.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen. of Iowa, Des Moines, C. J. Lyman, Sp. Asst. Atty. Gen., Ames, Henry M. Keyes, State Counsel, Iowa State Highway Commission, Ames, William L. Meardon, Iowa City, for appellant.

D. C. Nolan and G. A. Schlaegel, Iowa City, for appellees.

PETERSON, Justice.

This case involves the condemnation of a leasehold. In 1951 plaintiffs rented a tract of land, 100 by 150 feet, at or near the southwest corner of Highways No. 218 and No. 1 in Iowa City. The land was rough and had about 15 trees upon it, but with no buildings. Plaintiffs at first built a small shed which they used for some time as a fruit and vegetable stand. In 1956 they converted the building into a drive-in root beer stand. They first rented...

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