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KOENIGS v. MITCHELL COUNTY BD. OF SUP'RS

No. 02-0390.

659 N.W.2d 589 (2003)

Deo KOENIGS and Joan Koenigs, Appellees, v. MITCHELL COUNTY BOARD OF SUPERVISORS, Appellant, Marvin FISHER and Doris Fisher, Defendants-Appellees.

Supreme Court of Iowa.

April 2, 2003.

Attorney(s) appearing for the Case

Carlton G. Salmons of Gaudineer, Comito & George, L.L.P., West Des Moines, for appellant.

Quintin A. Goeke of Hagemann & Goeke, Clarksville, Habbo Fokkena of Fokkena Law Office, Clarksville, and Linda Kobliska, Alta Vista, for appellees-Koenigs.

Robert Mulhenbruch, Ackley, for appellees-Fishers.

STREIT, Justice.

The central issue before us is whether Mitchell County has a duty to clean an obstructed ditch running perpendicular to a county highway. Deo and Joan Koenigs own real property east of Mitchell County's north-south road known as Walnut Avenue. On the west side of Walnut Avenue is Marvin and Doris Fishers' property upon which the ditch is located. Koenigs' property has flooded as the result of natural obstructions...

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