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MAMMEL v. M & P MISSOURI RIVER LEVEE DIST.

No. 67150.

326 N.W.2d 299 (1982)

Carl MAMMEL, Trustee of the Mammel Family Farm Trust, Dated July 1, 1981, Appellant, v. M & P MISSOURI RIVER LEVEE DISTRICT: The Board of Supervisors of Pottawattamie County, Iowa, Namely: Wayne Rodenburg, Elliott Butler, Arlene Steege, Hubert Houser and Donald Smith, and The Board of Supervisors of Mills County, Iowa, Namely: Walter A. Marshall, Creighton Miller, and Virgil W. Curtis; acting for and on behalf of the M & P Missouri River Levee District, Appellees.

Supreme Court of Iowa.

November 24, 1982.

Attorney(s) appearing for the Case

Philip Willson and Steven H. Krohn of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellant.

Jay W. Longinaker of Eaton, Eaton & Longinaker, Sydney, for appellees.

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

LARSON, Justice.

The plaintiff trust is the owner of farm land abutting the Missouri River in Mills County. The board of supervisors of Mills and Pottawattamie counties established a two-county drainage district, Iowa Code chapters 455 and 457, which included this land, then owned by Dr. Jose V. G. Angel. The land was subsequently transferred to this plaintiff, whose claims for right-of-way and consequential damages were determined by the joint board to be untimely...

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