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PUNDT AGRICULTURE v. IOWA DEPT. OF TRANSP.

No. 63554.

291 N.W.2d 340 (1980)

PUNDT AGRICULTURE, INC., Hagen & Son, and Individually, Arthur H. Pundt, Edward A. Pundt, Rudolph Hagen, Oren Hagen, Anna Moennich, and Ted Moennich, Appellants, v. IOWA DEPARTMENT OF TRANSPORTATION, Victor Preisser, State Director of the Department of Transportation, and Robert R. Rigler, Commissioner, Alan Thomas, Commissioner, and the Iowa Transportation Regulation Board, Conrad A. Amend, Jack W. Linge, and Karen Bellis, Appellees.

Supreme Court of Iowa.

April 23, 1980.

Attorney(s) appearing for the Case

Richard A. Pundt of Silliman, Gray & Stapleton, Cedar Rapids, and Philip B. Mears, Iowa City, for appellants.

Thomas J. Miller, Atty. Gen., Robert W. Goodwin, Sp. Asst. Atty. Gen., and Franklin W. Sauer, Asst. Atty. Gen., for appellee Dept. of Transp.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, ALLBEE and LARSON, JJ.

UHLENHOPP, Justice.

In this appeal we consider the propriety of a decision by the Iowa Department of Transportation (DOT) to construct Iowa Highway 149 on a diagonal route.

Plaintiffs are farmers who by various procedural devices challenged DOT's choice of the location for a highway to link the Amana Colonies with United States Interstate 80. On October 28, 1975, the Highway Division of DOT presented the DOT Commission with three alternative routes. The first...

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