STATE EX REL. IOWA ST. HWY. COM'N v. READ

No. 2-56848.

228 N.W.2d 199 (1975)

STATE of Iowa ex rel. IOWA STATE HIGHWAY COMMISSION, Appellant, v. Lawrence F. READ et al., Appellees.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Franklin W. Sauer, Asst. Atty. Gen., for appellant.

Earl W. Sutton, Des Moines, for appellees Read, and Steven M. Hanson, of Irish, Skinner & Weislander, Altoona, for appellees Kraus.

Heard by MOORE, C. J., and MASON, LeGRAND, REES and McCORMICK, JJ.


McCORMICK, Justice.

This appeal involves jurisdictional questions in an eminent domain proceeding. Plaintiff highway commission condemned Polk County land of defendants Gerald Kraus and Donna J. Kraus, contract purchasers, and Lawrence F. Read and Thelma M. Read, contract vendors, for a road improvement. The jurisdictional problems arose when plaintiff attempted to appeal the compensation commission award to the district court. The trial court sustained special appearances...

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