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CHICAGO & NORTH WESTERN TRANSP. v. DU-MOR

No. 92-484.

500 N.W.2d 43 (1993)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant, v. DU-MOR CROP CARE CO.; D & B Morton Fertilizer Service, Inc.; Donald Morton and Iowa Department of Transportation, Rail and Water Division, Appellees.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

S.P. DeVolder and Jan M. Mohrfeld of Gamble & Davis, Des Moines, for appellant.

T. Scott Bannister of Hanson, Bjork & Russell, Des Moines, for appellees Du-Mor Crop Care Co., D & B Fertilizer Service, Inc., and Donald Morton.

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Carolyn J. Olson, Asst. Atty. Gen., Ames, for appellee Iowa Dept. of Transp.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, NEUMAN, and SNELL, JJ.

CARTER, Justice.

Petitioner, Chicago and North Western Transportation Company (CNW), who sought judicial review of agency action under Iowa Code section 17A.19 (1989), appeals from an adverse decision. At issue is the refusal of the Iowa Department of Transportation (IDOT) to approve CNW's request to abandon a 560-foot spur track that serves a single customer in Grand Mound, Iowa.

The agency decided the case adversely to CNW's request on three grounds: (1...

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