IOWA STATE HWY. COM'N v. DUBUQUE SAND & GRAVEL

No. 2-59193.

258 N.W.2d 153 (1977)

IOWA STATE HIGHWAY COMMISSION, Appellant, v. DUBUQUE SAND & GRAVEL COMPANY, Appellee.

Supreme Court of Iowa.

October 19, 1977.


Attorney(s) appearing for the Case

Kintzinger, Kintzinger, Van Etten, Setter & King, Dubuque, for appellant.

O'Connor, Thomas, Wright, Hammer, Bertsch & Norby, by Robert M. Bertsch and Michael J. Melloy, Dubuque, for appellee.

Heard by MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.


UHLENHOPP, Justice.

This appeal involves the ownership of a platted street involved in an eminent domain proceeding and also the amount of attorney fees to be allowed the condemnee.

In 1856 James M. Marsh platted the village of Marshfield about two miles from Dubuque, Iowa. The plat included a Jackson Street, which was in a marshy area sometimes covered with water.

The plat was accepted by a county judge in 1856 and was recorded. No proceedings were...

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