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STATE v. DVORAK

No. 2-59791.

261 N.W.2d 486 (1978)

STATE of Iowa, Appellant, v. Joe C. DVORAK and John Pokorny, as Fence Viewers for Oneida Township, Tama County, Iowa, and Alvin Husak, Oneida Township Clerk, Tama County, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied February 17, 1978.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Clifford E. Peterson and James C. Davis, Asst. Attys. Gen., for appellant.

John Werner, Toledo, for appellees.

Heard by MOORE, C. J., and RAWLINGS, LeGRAND, UHLENHOPP, and HARRIS, JJ.

RAWLINGS, Justice.

In district court certiorari proceeding the State of Iowa invoked sovereign immunity from jurisdiction of fence viewers convened pursuant to Chapter 113, The Code 1975. From a holding adverse to the State it appeals. We affirm.

Vernon Pohlman, a Tama County landowner, sought determination by Oneida Township fence viewers as to fencing responsibilities along a line where Pohlman's property adjoined State owned land.

The fence viewers...

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