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EASTER LAKE ESTATES, INC. v. POLK COUNTY

No. 87-1785.

444 N.W.2d 72 (1989)

EASTER LAKE ESTATES, INC., Appellee, v. POLK COUNTY, Iowa, and State of Iowa, Appellants.

Supreme Court of Iowa.

As Corrected July 20, 1989.

Attorney(s) appearing for the Case

James A. Smith, County Atty., and Norman G. Jesse and Linda Newman Gentry, Asst. County Attys., for appellant Polk County.

Thomas J. Miller, Atty. Gen., John R. Perkins and Elizabeth M. Osenbaugh, Asst. Deputy Attys. Gen. and Michael H. Smith, Asst. Atty. Gen., for appellant State of Iowa.

Virgil Moore of Virgil Moore, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.

NEUMAN, Justice.

This interlocutory appeal stems from a mandamus action brought by plaintiff Easter Lake Estates, Inc. (Easter Lake) to compel the defendants State of Iowa and Polk County to institute condemnation proceedings. The property sought to be condemned, Easter Lake Estates, is a 65-unit mobile home park located on the floodplain beneath Easter Lake Dam. The park was previously found by the Iowa Natural Resources Council (INRC) to be a nuisance subject to...

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