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CITY OF McGREGOR v. JANETT

No. 90-1916.

480 N.W.2d 576 (1991)

CITY OF McGREGOR, Iowa, Plaintiff, v. Robert A. JANETT, Virginia M. Janett and James Janett, Defendants. Robert A. JANETT, Virginia M. Janett and James Janett, Third-Party Plaintiffs-Appellants, v. CITY OF McGREGOR, Iowa, Donald P. Hattery and Shive-Hattery Engineers, Inc., Third-Party Defendants-Appellees.

Court of Appeals of Iowa.

November 26, 1991.

Attorney(s) appearing for the Case

James H. Reynolds, Dubuque, for third-party plaintiffs-appellants.

James D. Hodges, Jr. and John M. Bickel of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for third-party defendants-appellees Hattery and Shive-Hattery Engineers.

William C. Fuerste and Norman J. Wangburg of Fuerste, Carrew, Coyle, Juergens & Sudmeier, P.C., Dubuque, and Steve McCorkindale of Ehrhardt, Gnagy & McCorkindale, Elkader, for third-party defendant-appellee City of McGregor.

Heard by OXBERGER, C.J., and DONIELSON and HABHAB, JJ.

DONIELSON, Judge.

Robert and Virginia Janett were the owners of a parcel of real estate near McGregor, Iowa, consisting of shoreline property along the Mississippi River. The property is located immediately south of the city's sewage treatment plant. The defendant, Donald Hattery, is the McGregor City Engineer who also owns shoreline property adjacent to the treatment plant. His property, however, is located north of the plant.

In the early 1980s, the City...

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