KERR v. IOWA PUBLIC SERVICE CO.

No. 61835.

274 N.W.2d 283 (1979)

Charles A. KERR and Nancy A. Kerr, Appellants, v. IOWA PUBLIC SERVICE COMPANY, Appellee.

Supreme Court of Iowa.

January 24, 1979.


Attorney(s) appearing for the Case

Lowell C. Kindig and Stanley Munger of Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, for appellants.

T. M. Whicher and A. J. Stoik of Stewart, Hatfield, Klass & Whicher, Sioux City, for appellee.

Don Charles Uthus and Diane McIntire, Des Moines, for amicus curiae, Iowa State Commerce Commission.

Considered by REES, P. J., and McCORMICK, ALLBEE, McGIVERIN and LARSON, JJ.


McGIVERIN, Justice.

In this appeal plaintiffs Charles A. Kerr and Nancy A. Kerr challenge the dismissal by the district court of a petition for permanent injunction to halt condemnation of an easement across their property to be used for construction and maintenance of an electric transmission line by defendant Iowa Public Service Company (IPS). IPS sought and obtained a franchise with right of eminent domain from the Iowa Commerce Commission under chapter 478, The...

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