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FRENCH v. DIST. COURT FOR JONES COUNTY

No. 94-1910.

546 N.W.2d 911 (1996)

Lumyr FRENCH, Plaintiff, v. IOWA DISTRICT COURT FOR JONES COUNTY, Defendant.

Supreme Court of Iowa.

April 17, 1996.

Attorney(s) appearing for the Case

Douglas D. Herman of Locher, Locher & Strittmatter, Monticello, for plaintiff.

Janette S. Voss of Remley, Willems & McQuillen, Anamosa, for defendant.

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

McGIVERIN, Chief Justice.

The controlling issue in this original certiorari action concerns whether the district court in a contempt case acted illegally when it entered judgment against plaintiff Lumyr French to reimburse the city of Wyoming for costs incurred while abating a nuisance on French's property. Because we believe the court acted illegally in entering such a judgment, we sustain plaintiff's writ of certiorari.

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