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CITY OF MASONVILLE v. SCHMITT

No. 90-1031.

477 N.W.2d 874 (1991)

CITY OF MASONVILLE, Appellant, v. Daniel C. SCHMITT, Diane M. Bails, Donald R. Bails, Sharon K. Schmitt, Lawrence A. Schmitt, Vincent R. Schmitt, James J. Schmitt, and Richard Schmitt, Appellees.

Court of Appeals of Iowa.

September 24, 1991.

Attorney(s) appearing for the Case

Daniel H. Swift of Swift & Swift, Manchester, for appellant.

Timothy A. Estlund, Cedar Rapids, for appellees.

Considered by SCHLEGEL, P.J., and HAYDEN and HABHAB, JJ.

HABHAB, Judge.

The City of Masonville initiated a nuisance action against the defendants (the Schmitts) for keeping an accumulation of items on their property. These items included scrap metal, old tires, and used farm machinery. On May 9, 1986, an order was issued in that case finding the accumulation of items constituted a nuisance under the City's ordinances and Iowa Code section 657.1. The Schmitts were ordered to abate the nuisance by removing the items from...

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