MAHASKA STATE BANK v. KELLY

No. 93-1011.

520 N.W.2d 329 (1994)

MAHASKA STATE BANK, Plaintiff-Appellee, v. Sean P. KELLY, Lori Kelly, Lois N. Heitsman, Agnes Riley, and Mary A. Heitsman, Defendants, City of New Sharon, Iowa, Defendant-Appellant.

Court of Appeals of Iowa.

May 26, 1994.


Attorney(s) appearing for the Case

Hugh V. Faulkner, of McCoy, Faulkner & Broerman, Oskaloosa, for appellant.

James M. Hansen, of Clements, Pabst, Hansen & Maughan, Oskaloosa, for appellee.

Heard by DONIELSON, C.J., and SACKETT and HABHAB, JJ.


SACKETT, Judge.

The question in this appeal in an action for declaratory judgment is whether the trial court correctly found a sewage service line and a sewage lift station had been dedicated to the defendant-appellant city of New Sharon by common law and the line and lift station were a public utility the city was required to operate. Plaintiff-appellee Mahaska State Bank owned the line and lift station and sought in the declaratory judgment action to transfer responsibility...

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