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PEOPLES NATURAL GAS v. CITY OF EVERLY

No. 91-1968.

497 N.W.2d 872 (1993)

PEOPLES NATURAL GAS COMPANY, DIVISION OF UTILICORP UNITED INC., Appellant, v. CITY OF EVERLY, CLAY COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

March 24, 1993.

Attorney(s) appearing for the Case

Antonio Colacino and David J. Lynch of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant.

Donald J. Hemphill of Hemphill Law Office, Spencer, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.

HARRIS, Justice.

A special condemnation procedure authorizes municipalities to acquire property of privately owned utilities. The procedure was undertaken by a small Iowa community upon expiration of a gas franchise. The appeal by the utility challenges the valuation established in the proceeding. A cross-appeal by the city challenges an award of fees for the utility's attorney. We affirm on both appeals.

The city of Everly (Everly), population 700, is an...

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