UNITED PROPERTIES, INC. v. WALSMITH

No. 2-64868.

312 N.W.2d 66 (1981)

UNITED PROPERTIES, INC., First Central Service Corporation, and The Albright Development Corporation, Plaintiffs-Appellees, v. Donald WALSMITH, Jr., and Beverly Walsmith, Defendants-Appellants, Donald Cunningham, et al., Intervenors-Appellees.

Court of Appeals of Iowa.

August 25, 1981.


Attorney(s) appearing for the Case

Roger J. Kuhle of Myers, Knox & Hart, Des Moines, for defendants-appellants.

Charles Coppola of Coppola, Coppola & Clark, Des Moines, for plaintiffs-appellees.

Dale Spencer, Des Moines, for intervenors-appellees.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.


JOHNSON, Judge.

Defendants appeal from trial court's judgment granting a mandatory injunction against them which required them to remove a fence on their property and to restore the premises to the condition existing prior to erection of the fence. Defendants assert 1) that the balance of equities in this case made it improper for trial court to issue a mandatory injunction, 2) that trial court erred in ruling defendants had not pled estoppel as an affirmative defense...

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