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PETERSON v. BD. OF TRUST. DRAIN. DT. NO. 5

No. 99-0532.

625 N.W.2d 707 (2001)

Linda PETERSON, Gary Higgins, Jane Higgins, Ryan Higgins, Lila Brelsford, Phyllis Gannon, Marilyn Rowles, William Radebaugh, Sheila Sjeklocha, Bill Heater, Rick Brown, Sue Brown, Beverly Morris, and Other John and Jane Doe Landowners of Drainage District No. 5, Appellants, v. BOARD OF TRUSTEES OF DRAINAGE DISTRICT NO. 5, Appellee.

Supreme Court of Iowa.

April 25, 2001.

Attorney(s) appearing for the Case

Thomas D. Hanson and Clark G. McDermott of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellants.

James W. Hudson of Hudson Law Firm, Pocahontas, for appellee.

Considered en banc.

CARTER, Justice.

Landowners in Greene County Drainage District No. 5 appeal from a judgment in a certiorari proceeding upholding the action of the drainage district trustees in awarding supplemental damages to a property owner more than seven years after the original damage assessment for that owner was made. They contend that the board of trustees did not have authority to increase the original damage award following the conclusion of the statutory proceeding for...

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