GILMORE v. NEW BECK LEVEE DISTRICT, HARRISON COUNTY

No. 270.

212 N.W.2d 477 (1973)

R. F. GILMORE, Appellant, v. The NEW BECK LEVEE DISTRICT, HARRISON COUNTY, Iowa, and the Board of Supervisors of Harrison County, Iowa Acting on behalf of said Levee District, Appellees.

Supreme Court of Iowa.

November 14, 1973.


Attorney(s) appearing for the Case

Noel K. Mumm, Missouri Valley, for appellant.

Gary J. Altwegg, of Murray & Altwegg, Logan, for appellees.

Heard before MOORE, C. J., and MASON, RAWLINGS, UHLENHOPP and McCORMICK, JJ.


McCORMICK, Justice.

Plaintiff appeals trial court's judgment dismissing his appeal from an order of the defendant board of supervisors establishing a public highway upon a drainage levee crossing his farm. Trial court held the board's action was authorized by Code § 455.117 without resort to eminent domain procedures. We reverse because we find the statute does not apply in this case and the action was not otherwise authorized.

The issue was tried on...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases