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ROUSE v. IOWA DEPT. OF TRANSP.

No. 86-1138.

408 N.W.2d 767 (1987)

John E. ROUSE and Beth J. Rouse, Appellees, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant, National Bank & Trust Company; County of Lucas, Iowa; and Treasurer of Lucas County, Iowa, Defendants.

Supreme Court of Iowa.

July 22, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and David A. Ferree and Mark Hunacek, Asst. Attys. Gen., for appellant.

William L. Shelton and Richard L. Ambelang, Chariton, for appellees.

Considered by McGIVERIN, P.J., and SCHULTZ, CARTER, WOLLE, and NEUMAN, JJ.

CARTER, Justice.

The defendant, Iowa Department of Transportation, appeals from the district court's order awarding attorney fees to plaintiffs, John E. Rouse and Beth J. Rouse, condemnees in an eminent domain proceeding. The condemning authority contends that the district court had an inadequate record on which to base its attorney fee award. We agree with that contention, reverse the district court's order and remand the matter to that court for an evidentiary hearing...

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