PHELPS v. BOARD OF SUPERVISORS OF CTY. OF MUSCATINE

No. 55713.

211 N.W.2d 274 (1973)

Glen PHELPS et al., Appellants, v. BOARD OF SUPERVISORS OF the COUNTY OF MUSCATINE, Iowa, and County of Muscatine, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 13, 1973.


Attorney(s) appearing for the Case

Lewis, Stevens & Gillett, Muscatine, for appellants.

Garry D. Woodward, Muscatine, for appellees.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, REES and UHLENHOPP, JJ.


LeGRAND, Justice.

This is a mandamus action brought by the owners of five parcels of property lying in the flood plain of the Cedar River to exact compensation from Muscatine County for an alleged taking of their land in connection with the construction of a causeway and bridge as part of a highway improvement in that county. The plaintiffs appeal from an adverse judgment. We reverse and remand with directions that a writ of mandamus issue as prayed.

We consider...

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