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HOWARD v. SCHILDBERG CONST. CO., INC.

No. 93-1638.

528 N.W.2d 550 (1995)

Carlton V. HOWARD, Sr., Trustee under a Declaration of Trust of Which Carlton V. Howard, Sr. is Trustor, Appellant, v. SCHILDBERG CONSTRUCTION COMPANY, INC., An Iowa Corporation, Appellee.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

Roger T. Stetson and Robert D. Sharp of Belin Harris Lamson McCormick, P.C., Des Moines, for appellant.

R. Jeffrey Lewis and S.P. DeVolder of Gamble & Davis, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, ANDREASEN, and TERNUS, JJ.

TERNUS, Justice.

Plaintiff brought this declaratory judgment action seeking relief from the burdens of a mining lease with the defendant. Plaintiff claimed that (1) the lease was unenforceable because it violated the agricultural land alienation restriction of the Iowa Constitution and (2) it could not be renewed for a third term because the lease did not provide for perpetual renewals. In the alternative the plaintiff claimed that the lease did not encumber the plaintiff...

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