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MANN v. CITY OF MARSHALLTOWN

No. 60300.

265 N.W.2d 307 (1978)

Donald C. MANN and Phyllis Mann, Appellants, v. CITY OF MARSHALLTOWN, Iowa, Appellee.

Supreme Court of Iowa.

April 19, 1978.

Attorney(s) appearing for the Case

Allen E. Brennecke, of Mote, Wilson & Welp, Marshalltown, for appellants.

Paul Lovig, of Kemler, Lovig & Bartine, and Patrick W. Brooks, of Mowry, Irvine & Brooks, Marshalltown, for appellee.

Considered by MOORE, C. J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

MASON, Justice.

This is an appeal by plaintiffs, Donald C. Mann and his wife Phyllis, from the trial court's order sustaining the City of Marshalltown's pretrial motion to dismiss plaintiffs' petition seeking to enjoin the City's proposed condemnation of their land for the expansion of a municipal airport. Plaintiffs' farmland is located west of defendant's airport. The North Center Street Road separates the airport from the land. Defendant City had tentative plans...

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