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GRAVERT v. NEBERGALL

No. 94-1153.

539 N.W.2d 184 (1995)

William and Terri GRAVERT, Appellees, v. Max and Ruth NEBERGALL, Appellants.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Wythe Willey of Wythe Willey Law Office, Cedar Rapids, for appellant.

Steven B. Joy of Kudart-Joy Law Offices, Mechanicsville, for appellee.

Considered by HARRIS, P.J., and CARTER, NEUMAN, SNELL, and TERNUS, JJ.

HARRIS, Justice.

The trial court concluded that Iowa Code chapter 359A (1995) (fence viewing statute) is unconstitutional as applied to the plaintiffs in this case. The court also concluded the chapter was preempted by Iowa Code section 364.1 (home rule for cities). Because we disagree with these conclusions we reverse and remand.

This dispute is between adjoining Cedar County landowners. Plaintiffs Graverts own twelve acres of land, all located within the...

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