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STATE EX REL. IOWA DNR v. SHELLEY

No. 92-1470.

512 N.W.2d 579 (1993)

STATE of Iowa, ex rel., IOWA DEPARTMENT OF NATURAL RESOURCES, Appellee, v. Robert SHELLEY and Sally Shelley, Appellants.

Court of Appeals of Iowa.

December 29, 1993.

Attorney(s) appearing for the Case

Robert Shelley and Sally Shelley, pro se.

Bonnie J. Campbell, Atty. Gen., David R. Sheridan, and David L. Dorff, Asst. Attys. Gen., for appellee.

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

SCHLEGEL, Judge.

Robert and Sally Shelley own property in rural Guthrie County, Iowa. The South Raccoon River runs along one side of the property, and the property is in the flood plain of the river. Over many years Shelleys placed materials such as metal fencing and automobile parts, scrap wood, and concrete on their property with the intention of decreasing erosion from the river.

In June 1989 the Iowa Department of Natural Resources (DNR) investigated a...

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