FELKER v. IOWA STATE HIGHWAY COMMISSION

No. 51102.

124 N.W.2d 435 (1963)

George FELKER, Margaret Felker and Henry Felker, Appellants, v. IOWA STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Iowa.

November 12, 1963.


Attorney(s) appearing for the Case

Robert H. Shepard, Mason City, for appellants.

Evan Hultman, Atty. Gen., Des Moines, C. J. Lyman, Sp. Asst. Atty. and Counsel for Iowa State Highway Commission of Ames, Donald H. Gloe, State Counsel, Iowa State Highway Commission of Ames, and Ted Enabnit, Sp. Local Counsel, Mason City, for appellee.


THOMPSON, Justice.

What commenced as an ordinary condemnation proceeding promptly became considerably involved, and terminated in two lawsuits, each of which resulted unfavorably to the plaintiffs. The first case, our No. 51102, known hereafter as No. 1, was an ordinary appeal from the award of the condemnation commission, except that plaintiffs' petition was in two counts. The first count asked an injunction against the taking of the plaintiffs' property until the...

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