SLOAN v. WALLBAUM

No. 88-1503.

447 N.W.2d 148 (1989)

Barclay SLOAN, Marjorie Sloan, Charlotta Poppen, Margretta Faber, and Mina Sloan, Appellees, v. Robert WALLBAUM, Joe Wallbaum, and Myrtle Wallbaum, Appellants.

Court of Appeals of Iowa.

August 23, 1989.


Attorney(s) appearing for the Case

David J. Mansheim of Klinkenborg, Hansmann & Mansheim, Parkersburg, for appellants.

Lee E. Poppen of Knoshaug & Poppen Law Firm, Clarion, for appellees.

Considered by DONIELSON, P.J., and SCHLEGEL and SACKETT, JJ.


SCHLEGEL, Judge.

Defendants appeal a district court judgment ordering them to remove an obstruction to a waterway that altered the natural flow of water from the plaintiffs' estate.

Defendants contend that the court's injunction was improper since the obstruction has not damaged plaintiffs' property but has helped prevent erosion on defendants' land.

Plaintiffs' land lies immediately north of, and is superior in elevation to, defendants' land. Water...

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