IOWA DEPT. OF TRANSP. v. SOWARD

No. 00-0861.

650 N.W.2d 569 (2002)

IOWA DEPARTMENT OF TRANSPORTATION, Appellee, v. John M. SOWARD, Deborah A. Soward, and SNL, Inc., Appellants, and Warren Water District and Polk County, Iowa, Defendants.

Supreme Court of Iowa.

September 5, 2002.


Attorney(s) appearing for the Case

Daniel L. Manning of Connolly, O'Malley, Lillis, Hansen & Olson, Des Moines, for appellants.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek and Carolyn J. Olson, Assistant Attorneys General, for appellee.


LAVORATO, Chief Justice.

Landowners appeal from a district court ruling denying their request for payment of expert witness fees as "costs occasioned by the appeal" in a condemnation action, pursuant to Iowa Code section 6B.33 (1997). We find no error in the ruling and therefore affirm.

I. Background Facts and Proceedings.

The Iowa Department of Transportation (IDOT) condemned property owned by John and Deborah Soward and a corporate entity formed...

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