XENIA RURAL WATER ASS'N v. DALLAS COUNTY

No. 88-1059.

445 N.W.2d 785 (1989)

XENIA RURAL WATER ASSOCIATION, Appellant, v. DALLAS COUNTY, Iowa and Gene Hardy, Appellees.

Supreme Court of Iowa.

September 20, 1989.


Attorney(s) appearing for the Case

Michael W. Thrall of Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, for appellant.

David J. Welu, County Atty., Redfield, for appellees.

Claus H. Bunz of Bunz Law Firm, Manning, for amicus curiae, Iowa Rural Water Ass'n, Inc.

Mary F. Whitman, Des Moines, for amicus curiae, Iowa State Ass'n of Counties.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER, and SNELL, JJ.


CARTER, Justice.

Plaintiff, Xenia Rural Water Association, appeals from a judgment of the district court dismissing its action against Dallas County and the county engineer. That action requested a writ of mandamus compelling condemnation proceedings for the taking of its waterlines located on private property or, in the alternative, an award of money damages under a theory of inverse condemnation.

A written agreement between the parties required the water...

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