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LARMAN v. STATE

No. 94-1925.

552 N.W.2d 158 (1996)

Tracy L. LARMAN, Trustee of the Kluver Family Trust, Appellee, v. STATE of Iowa, Appellant, and Blackhawk Development, Inc. and Sac County, Iowa, Appellees, and Terry L. Mickle, Urban J. Janning, Virginia H. Janning, and the unknown claimants of the following described real estate situated in Sac County, Iowa, to wit: Southeast Quarter of the Northwest Quarter (SE¼ NW¼), and Government Lot Two (2), all in Section Two (2), Township Eighty-six (86) North, Range Thirty-six (36) West of the 5th P.M., Sac County, Iowa, Defendants. STATE of Iowa, Appellant, v. SAC COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

July 24, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Michael H. Smith, Assistant Attorney General, for appellant.

Margaret C. Callahan of Belin Harris Lamson McCormick, P.C., Des Moines, and Colin McCullough of McCullough Law Firm, Sac City, for appellee Blackhawk Development, Inc.

Frank J. Comito of Neu, Minnich, Comito & Hall, P.C., Carroll, for appellee Sac County.

No appearance for appellee Larman.

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

TERNUS, Justice.

Appellee, Kluver Family Trust, brought this quiet title action to establish its title to real estate adjoining Black Hawk Lake. This property was purchased on contract from the Trust by appellee, Blackhawk Development, Inc. The land was also subject to a roadway easement owned by appellee, Sac County. Appellant, the State of Iowa, claimed an interest in the property on behalf of the public because that portion of the property adjoining the lake was...

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