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RIVER BEND FARMS v. M & P MO., ETC.

No. 67149.

324 N.W.2d 460 (1982)

RIVER BEND FARMS, INC., 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.

September 29, 1982.

Attorney(s) appearing for the Case

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

Jay W. Longinaker and Gene Eaton of Eaton, Eaton & Longinaker, Sidney, for appellees.

Considered en banc.

REYNOLDSON, Chief Justice.

Plaintiff River Bend Farms, Inc. (RBF), appeals from a district court order disallowing its application for attorney fees in a proceeding that condemned 20.62 acres of its land for levee district purposes. We reverse and remand with directions.

Defendant M & P Missouri River Levee District is an intercounty levee district including land in Mills and Pottawattamie Counties along the Missouri River. Defendant boards of supervisors...

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