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ATHERTON v. STATE CONSERVATION COMMISSION

No. 55305.

203 N.W.2d 620 (1973)

Allen ATHERTON, Appellant, v. STATE CONSERVATION COMMISSION, Acting for the use and benefit of the State of Iowa, Appellee.

Supreme Court of Iowa.

January 17, 1973.

Attorney(s) appearing for the Case

Webster, Jordan & Oliver, Winterset, for appellant.

Richard C. Turner, Atty. Gen., Clifford E. Peterson, and John I. Adams, Asst. Attys. Gen., for appellee.

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

HARRIS, Justice.

The landowner appeals a ruling on his application for costs, including attorney's fees, in a condemnation proceeding. The condemnation was abandoned after an appeal was taken to district court. We affirm in part, reverse in part and remand.

The state conservation commission, hereafter called the commission, undertook to condemn a 40 acre tract owned by the plaintiff. The property was to be used as a recreational area. The condemnation commission...

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