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CITY OF ANKENY v. BIANCHI

No. 53544.

179 N.W.2d 775 (1970)

CITY OF ANKENY, Iowa, Appellee, v. Joe BIANCHI and Violet L. Bianchi, Appellants.

Supreme Court of Iowa.

September 24, 1970.

Attorney(s) appearing for the Case

J. R. McManus, Des Moines, for appellants.

Jack R. Hall, City Atty., Des Moines, for appellee.

RAWLINGS, Justice.

Action in equity by plaintiff City for a mandatory injunction directing removal of defendant owned encroachments on a highway right of way. Trial court granted the relief sought and defendants appeal. We affirm.

Plaintiff's petition alleges, in substance, the State of Iowa holds an easement for highway purposes in property located within the plaintiff City of Ankeny. Defendants Bianchi, possessing land abutting that highway also own and...

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