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STATE v. JOHANN

No. 55369.

207 N.W.2d 21 (1973)

STATE of Iowa and State Board of Regents, Plaintiffs, v. M. P. JOHANN et al., Defendants.

Supreme Court of Iowa.

April 25, 1973.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Elizabeth Nolan, Asst. Atty. Gen., Des Moines, and Arthur O. Leff, Iowa City, Special Counsel, for plaintiffs.

Welty & Wilcke and Cameron B. Arnold, Spirit Lake, for defendants.

Considered en banc.

REYNOLDSON, Justice.

Plaintiffs, State of Iowa and State Board of Regents, filed a petition for writ of certiorari in this court to challenge certain condemnation proceedings before the sheriff of Dickinson County and the chief judge of the (then) fourteenth judicial district. Those proceedings purported to condemn a right of way across land owned by the State for the benefit of a private landowner who claimed to have no public or private way to his tract. We entered...

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