ROSENDAHL LEVY v. IOWA STATE HIGHWAY COMMISSION

No. 53341.

171 N.W.2d 530 (1969)

ROSENDAHL LEVY and/or Drainage District, Robert Houlihan, as Trustee, and Carroll M. and Margaret E. White, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

October 14, 1969.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Robert Merillat, Sp. Asst. Atty. Gen., James Graham, Asst. Atty. Gen., and Jacobson, Bristol & Thomson, Waukon, for appellant.

Strand & Kiener, Decorah, for appellees.


LeGRAND, Justice.

This is an action in equity for a mandatory injunction against the Iowa State Highway Commission. Plaintiffs allege defendant constructed U. S. Highway #52 by-pass near Decorah in a manner which caused surface water to drain over their land in excessive quantities and with accelerated velocity, causing severe and repeated damage. Plaintiffs claim, too, that such damage will recur unless the relief they...

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