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C.H. MOORE TRUST ESTATE v. STORM CITY

No. 86-1463.

423 N.W.2d 13 (1988)

C.H. MOORE TRUST ESTATE by John WARNER IV and Elizabeth H. O'Herin, Trustees, Appellant, v. The CITY OF STORM LAKE, Iowa, Municipality of the State of Iowa, and the State of Iowa, Appellees.

Supreme Court of Iowa.

May 11, 1988.

Attorney(s) appearing for the Case

David P. Jennett of McCullough Law Firm, Sac City, and David R. Gault of Bittner & Gault, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and John P. Sarcone and Steven G. Norby, Asst. Attys. Gen., for appellee State of Iowa.

Paul D. Havens, Storm Lake, for appellee City of Storm Lake.

Considered by LARSON, P.J., and SCHULTZ, CARTER, NEUMAN, and SNELL, JJ.

LARSON, Justice.

The C.H. Moore Trust Estate (Moore) filed an action in 1984 to quiet title to lakefront property and abandoned railroad right-of-way on the east shore of Storm Lake. The State of Iowa and the City of Storm Lake were named as defendants as well as other parties who were later dismissed. As to one tract of land, which is riparian to the lake, the defendants raised the affirmative defenses of Iowa Code sections 614.1(5) and 614.17 (1983) (statutes of...

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