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MARTIN v. IOWA NATURAL RESOURCES COUNCIL

No. 67957.

330 N.W.2d 790 (1983)

Harold J. MARTIN, Appellant, v. IOWA NATURAL RESOURCES COUNCIL, Appellee.

Supreme Court of Iowa.

March 16, 1983.

Attorney(s) appearing for the Case

Allan C. Orsborn of Barnes & Orsborn, P.C., Ottumwa, for appellant.

Thomas J. Miller, Atty. Gen., and Elizabeth M. Osenbaugh, Asst. Atty. Gen., for appellee.

Considered by LeGRAND, P.J., and HARRIS, McCORMICK, McGIVERIN, and CARTER, JJ.

CARTER, Justice.

Petitioner appeals from the district court decision on judicial review affirming the respondent agency's conditional grant of his after-the-fact application for permission to construct an agricultural levee. The case arises from petitioner's act in placing a levee on the South Skunk River without obtaining prior approval of the Iowa Natural Resources Council as required by Iowa Code section 455A.33(3) (1981).

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