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ALLAMAKEE COUNTY v. COLLINS TRUST

No. 98-193.

599 N.W.2d 448 (1999)

ALLAMAKEE COUNTY, Iowa, Appellant, v. COLLINS TRUST, Appellee.

Supreme Court of Iowa.

September 9, 1999.

Attorney(s) appearing for the Case

William J. Shafer, County Attorney, for appellant.

James Burns of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.C., Decorah, for appellee.

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

CADY, Justice.

Allamakee County appeals from a ruling by the district court in a declaratory judgment action finding it abandoned all but twenty-two feet of its right of way for a county road. We reverse and remand.

I. Background Facts and Proceedings.

The dispute in this case arose after the owner of land claimed the County abandoned the outer portions of a right of way to a county road passing through the land. The landowner claimed the County...

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