MOODY v. VAN WECHEL

No. 85-657.

402 N.W.2d 752 (1987)

Larry MOODY and Karen Moody, Appellants, v. Glenn VAN WECHEL, Judith Van Wechel, and Van Wechel Farms, Inc., Appellees, Byron C. Skiles, James P. Skiles, and Hazel Primus, Intervenors, David Primus, Appellee.

Supreme Court of Iowa.

March 18, 1987.


Attorney(s) appearing for the Case

Robert R. Rush and Randall B. Willman of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellants.

Mark Mossman of Mossman & Mossman, Vinton, for appellees.

Jared O. Bauch of Bauch Law Offices, Traer, for intervenors Skiles.

Robert C. Tilden and Roger W. Stone of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellee David Primus.

Considered by HARRIS, P.J., and McGIVERIN, WOLLE, LAVORATO, and NEUMAN, JJ.


HARRIS, Justice.

This suit presents a classic example of a surface water dispute in rural Iowa. Farm practices and the passage of time have intruded upon the natural flow of surface water from dominant to servient estates. Adjoining landowners have reacted by altering the lay of the land. The trial court devised a plan to resolve the dispute which seems to have dissatisfied all parties. Each has appealed. A decision which...

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