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WITTHAUER v. CITY OF COUNCIL BLUFFS

No. 51361.

133 N.W.2d 71 (1965)

Owen WITTHAUER, Appellant, v. The CITY OF COUNCIL BLUFFS, Iowa, a domestic municipal corporation, Appellee.

Supreme Court of Iowa.

February 9, 1965.

Attorney(s) appearing for the Case

Porter, Heithoff & Pratt, Council Bluffs, for appellant.

David E. Stuart and John M. Peters, Council Bluffs, for appellee.

HAYS, Justice.

Appellant, lessee of approximately 243.47 acres of land lying directly west of a northwest-southeast Union Pacific Railway right of way in Section 34, Township 75, Range 44 West, and Section 3, Township 74, Range 44 West, in Pottawattamie County, Iowa, commenced this equity action January 16, 1961, asking for a mandatory injunction requiring the defendant city of Council Bluffs to remove its landfill, occupying about 18 acres of a 25-acre city tract...

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