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HAWKEYE BY-PRODUCTS, INC. v. STATE

No. 86-808.

419 N.W.2d 410 (1988)

HAWKEYE BY-PRODUCTS, INC. A Corporation, and Frank Swenderoski, an Individual, Appellants, v. STATE of Iowa: Department of Agriculture of the State of Iowa; and Donald McCracken, Appellees.

Supreme Court of Iowa.

February 17, 1988.

Attorney(s) appearing for the Case

Dennis W. Johnson of Brick, Seckington, Bowers, Swartz & Gentry, P.C., Des Moines, for appellants.

Thomas J. Miller, Atty. Gen., and Joanne Moeller, Asst. Atty. Gen., for appellees.

Considered en banc.

CARTER, Justice.

Plaintiff Hawkeye By-Products, Inc. (Hawkeye) is engaged in the business of operating animal rendering plants. In 1984, it was contemplating construction of a plant in Adair County, Iowa. Legal requirements in force at the time required approval of the facility by the Iowa Department of Agriculture. See Iowa Code § 167.8 (1985).

Because Hawkeye was required to make an election with regard to exercising an option for the real estate...

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