GORSCHE FAMILY PARTNER v. MIDWEST POWER

No. 93-1872.

529 N.W.2d 291 (1995)

GORSCHE FAMILY PARTNERSHIP, Appellant, v. MIDWEST POWER, a DIVISION OF MIDWEST POWER SYSTEMS, INC., and the Iowa State Utilities Board, Appellees, and Office of Consumer Advocate, Intervenor.

Supreme Court of Iowa.

March 29, 1995.


Attorney(s) appearing for the Case

Timothy A. Lynch of Van Orsdel & Lynch, L.C., Des Moines, for appellant.

David Lynch and Terry R. Fox, Des Moines, for appellee Midwest Power.

Gary Stump and Susan Allender, Des Moines, for appellee Iowa State Utilities Bd.

Daniel J. Fay, Des Moines, for intervenor.

Considered en banc.


LARSON, Justice.

The Gorsche Family Partnership owns farmland in Warren County, Iowa, on which there is a 161,000 volt (161 kV) electric transmission line. Midwest Power requested a franchise to construct a second line, carrying 345 kV, on the same easements (which would be widened by twenty-five feet on each side). The partnership complained that the line as newly constructed would not be "near and parallel to the right-of-way of [a] railway[ ] or along the division...

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