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FIRST IOWA STATE BANK v. IOWA DNR

No. 92-524.

502 N.W.2d 164 (1993)

FIRST IOWA STATE BANK, Appellee, v. IOWA DEPARTMENT OF NATURAL RESOURCES, Appellant.

Supreme Court of Iowa.

Reconsideration Denied July 30, 1993.

Attorney(s) appearing for the Case

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

John A. Pabst and Kevin S. Maughan of Clements, Pabst, Hansen & Maughan, Albia, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

The Iowa Department of Natural Resources (DNR) appeals from a district court ruling on judicial review. The court reversed the decision of the environmental protection commission of the DNR that held First Iowa State Bank (bank) was liable under Iowa Code section 455B.307(1) (1987) for cleaning up illegally dumped solid waste. In this appeal we must determine if a property owner, who acquired land from an owner who had allowed open dumping on the...

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