MYERS v. CAPLE

No. 2-58646.

258 N.W.2d 301 (1977)

Richard MYERS and Kathryn C. Myers, Appellees, v. B. H. CAPLE and Linden Caple, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 17, 1977.


Attorney(s) appearing for the Case

Herrick, Langdon, Belin, Harris, Langdon & Helmick of Des Moines, and Nelson, Vasey & Cahill of Nevada, for appellants.

Don C. Swanson of Des Moines, for appellees.

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


LeGRAND, Justice.

This is an appeal involving a dispute between adjoining landowners in Polk County concerning drainage rights. The trial court enjoined completion of a proposed levee which would divert water across plaintiffs' property and directed removal of a portion of the levee which had already been built. Defendants appeal, and we reverse.

Plaintiffs (Myers) are husband and wife who own property on both the west and east banks of Indian Creek, a stream...

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