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NOTELZAH, INC. v. DESTIVAL

No. 94-116.

537 N.W.2d 687 (1995)

NOTELZAH, INC., Appellant, v. Delmon DESTIVAL, et al., Appellees. NOTELZAH, INC., Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

September 20, 1995.

Attorney(s) appearing for the Case

Franklin W. Sauer, Independence, for appellant.

Larry F. Woods, Oelwein, for appellees Delmon Destival, et al.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellee Iowa Department of Transportation.

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

NEUMAN, Justice.

This case is the second chapter in a controversy surrounding title to and compensation for an abandoned railroad right-of-way in Hazelton, Iowa. Plaintiff Notelzah, Inc. appeals the district court's decision quieting title to portions of the land in the defendants under Iowa Code section 473.2 (1975), denying its claim for compensation under Iowa Code chapter 560 (1993), awarding adjacent landowners rent for the years in which Notelzah was in possession...

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