SCHWARZ FARM CORP. v. BOARD OF SUP. OF HAMILTON CO.

No. 54662.

196 N.W.2d 571 (1972)

SCHWARZ FARM CORPORATION, Appellant, v. BOARD of SUPERVISORS of HAMILTON COUNTY, Iowa, and Drainage District No. 71, Appellees.

Supreme Court of Iowa.

April 13, 1972.


Attorney(s) appearing for the Case

Herrick, Langdon, Belin & Harris, Des Moines, for appellant.

Hamilton & Schill, Fort Dodge, and Alan Loth, San Jose, Cal., for appellees.


LeGRAND, Justice.

This appeal involves a drainage problem which has been before the courts of Hamilton County, off and on, since 1960. It is necessary to review this past litigation before reaching the specific matters critical to our decision.

I. By several transactions in 1955 and 1956, Emil Schwarz, plaintiff's predecessor in title, purchased 1600 acres of land in Hamilton County comprising part of Drainage District No. 71 (hereinafter called District 71...

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