FENCL v. CITY OF HARPERS FERRY

No. 98-2284.

620 N.W.2d 808 (2000)

Robert J. FENCL, Appellant, v. CITY OF HARPERS FERRY, Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied January 29, 2001.


Attorney(s) appearing for the Case

Eric W. Johnson of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, for appellant.

James A. Garrett, Waukon, for appellee.

Considered en banc.


TERNUS, Justice.

The appellant, Robert Fencl, brought this action to quiet title to a twenty-foot strip of land that was originally platted as an alley in the City of Harpers Ferry, but never used as such. The trial court held that the alley was public trust property and, therefore, Iowa's Marketable Record Title Act, Iowa Code sections 614.29-.38 (1997), did not apply to cut off the appellee city's interest. On appeal, we hold that the unused alley is not public...

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