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CMC REAL ESTATE v. DEPT. OF TRANSP

No. 90-802.

475 N.W.2d 166 (1991)

CMC REAL ESTATE CORPORATION, Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, RAIL AND WATER DIVISION; and Iowa Department of Inspections and Appeals, Appeals and Fair Hearings Division, Appellees, Dickens Cooperative Elevator Company, Intervenor-Appellee.

Supreme Court of Iowa.

September 18, 1991.

Attorney(s) appearing for the Case

Bennett A. Webster and James L. Pray of Gamble, Riepe, Webster, Davis & Green, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., Merrell M. Peters, Acting Gen. Counsel, and David Ferree and Mark Hunacek, Asst. Attys. Gen., for appellees.

Harold W. White of the Fitzgibbons Brothers Law Office, Estherville, for intervenor-appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

Petitioner CMC Real Estate Corporation (CMC), a successor in interest to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee Railroad), filed this judicial review action challenging the respondent Iowa Department of Transportation's (DOT) fixing of lease terms on property owned by CMC and occupied by intervenor Dickens Cooperative Elevator Company (Coop). The district court reviewed the DOT's decision and upheld the terms...

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