BORMANN v. KOSSUTH COUNTY BD. OF SUP'RS

No. 96-2276.

584 N.W.2d 309 (1998)

Clarence BORMANN and Caroline Bormann, Husband and Wife; Leonard McGuire and Cecelia McGuire, Husband and Wife, Appellants, v. BOARD OF SUPERVISORS IN AND FOR KOSSUTH COUNTY, Iowa; and Joe Rahm, Al Dudding, Laurel Fantz, James Black, and Donald McGregor, In Their Capacities as Members of the Board of Supervisors, Appellees, Gerald Girres, Joan Girres, Mike Girres, Norma Jean Thul, Jerald Thilges, Shirley Thilges, Thelma Thilges, Edwin Thilges, Ralph Reding, Loretta Reding, Bernard Thilges, Jacob Thilges, John Goecke, and Patricia Goecke, Intervenors-Appellees.

Supreme Court of Iowa.

September 23, 1998.


Attorney(s) appearing for the Case

Michael E. Gabor of Buchanan, Buchanan, Bibler, Buchanan & Handsaker, Algona, for appellants.

David C. Skilling, County Attorney, for appellees.

Eldon L. McAfee of Beving, Swanson & Forrest, Des Moines, for intervenor-appellees.

Christina L. Gault of Iowa Farm Bureau Federation, West Des Moines, for amicus curiae.

Considered en banc.


LAVORATO, Justice.

In this appeal we are asked to decide whether a statutory immunity from nuisance suits results in a taking of private property for public use without just compensation in violation of federal and Iowa constitutional provisions. We think it does. We therefore reverse a district court ruling holding otherwise and remand. In doing so, we need not reach a second constitutional challenge.

I. Facts and Proceedings.

The facts are not...

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