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RIVERTON FARMS, INC. v. CASTLE

No. 88-227.

441 N.W.2d 405 (1989)

RIVERTON FARMS, INC., An Iowa Corporation, Plaintiff-Appellee, v. Rex CASTLE, Alma Castle, Rex Castle and Alma Castle, Trustees of the Rex Castle Revocable Trust, and Rex Castle and Alma Castle, Trustees of the Alma Castle Revocable Trust, Defendants-Appellants.

Court of Appeals of Iowa.

March 16, 1989.

Attorney(s) appearing for the Case

Forest Ebersold and Curtis Hewett, of Smith, Peterson, Beckman & Willson, Council Bluffs, for defendants-appellants.

Howard B. Wenger, of Wenger Law Office, Hamburg, for plaintiff-appellee.

Heard by OXBERGER, C.J., and HAYDEN and SACKETT, JJ.

OXBERGER, Chief Judge.

Defendants appeal from a district court judgment restricting their use of two easements over plaintiff's property to farming purposes only. Defendants contend the district court erred in two respects: (1) in restricting defendants' use of the easements in contravention with express language in the original easement, and (2) in placing time restrictions on their use of the easements for farming purposes.

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