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COOK v. McNEAL

No. 98-275.

602 N.W.2d 353 (1999)

Bob COOK, Alta Cook, Leland Roudybush, Teri Schultz, Larry Cook, Elaine Cook, Randall Cook, Jerry Henning, Cathy Henning and Beverly Weber, Appellants, v. Rodd McNEAL, Roger Bartenhagen and Jack W. Wilson, Trustees in Behalf of the Muscatine-Louisa Drainage District # 13 of Muscatine and Louisa Counties, Iowa, Appellees.

Supreme Court of Iowa.

November 17, 1999.

Attorney(s) appearing for the Case

Joel D. Yates and Robert K. Clements of Clements Law Firm, Oskaloosa, for appellants.

William Scott Power of Aspelmeier, Fisch, Power, Warner & Engberg, P.L.C., Burlington, for appellees.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, SNELL, and TERNUS, JJ.

NEUMAN, Justice.

This appeal concerns the authority of a drainage district board of trustees to upset the results of an election petition filed with the former board of trustees in accordance with Iowa Code section 468.511 (1997). The district court, ruling in equity, agreed with the new board's decision to void the election because it believed the board rightly considered remonstrances that, if counted, would have defeated the petition. On our de novo review, we...

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