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RACE v. IOWA ELECTRIC LIGHT AND POWER COMPANY

No. 51531.

134 N.W.2d 335 (1965)

Frank B. RACE and Margaret Armstrong Race, Appellants, v. IOWA ELECTRIC LIGHT AND POWER COMPANY, Appellee.

Supreme Court of Iowa.

April 6, 1965.

Attorney(s) appearing for the Case

Allen & Fishel, Marion, and Remley & Heiserman, Anamosa, for appellants.

John F. Gaston, Jr., Ted P. Lewis and Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellee.

THORNTON, Justice.

Plaintiffs are landowners. Defendant, Power Company, has obtained a franchise from the Iowa State Commerce Commission, and condemned certain of plaintiffs' lands for an electric transmission line. From the award of the sheriff's jury plaintiffs appealed to the district court.

Division II of plaintiffs' petition alleges in substance chapter 489, Code of Iowa 1958, I.C.A., under which the commission purported to act, is unconstitutional, there...

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