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IN RE CONDEMNATION OF LAND

No. 03-1286.

687 N.W.2d 103 (2004)

In the Matter of the CONDEMNATION OF LAND FOR THE VALLEY VIEW PARK AQUATIC/ROADWAY Project No. 450.390.25.830, Located Generally at 81st Street and Bridgewood Boulevard by the City of West Des Moines, Iowa. City of West Des Moines, Iowa, Appellee, v. Margaret Susan (Mason) Smith, Trustee of the Carroll C. Smith Marital Trust Established Under Paragraph 6 of the Carroll C. Smith Revocable Trust U/A dated November 23, 1994, Margaret Susan (Mason) Smith, Trustee of the Margaret Susan Mason Smith Revocable Trust U/A/ Dated November 23, 1994, and Margaret Susan (Mason) Smith, as Trustee of the Carroll C. Smith Family Trust Established Under Paragraph 6 of the Carroll C. Smith Marital Trust U/A Dated November 23, 1994, Appellants.

Supreme Court of Iowa.

September 15, 2004.

Attorney(s) appearing for the Case

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, A P.C., Des Moines, and Frank Murray Smith of Frank M. Smith Law Office, Des Moines, for appellants.

Richard J. Scieszinski and Michael L. Bennett, West Des Moines, for appellee.

CARTER, Justice.

Margaret Susan Smith, the trustee of three separate trusts, appeals on behalf of all three trusts from an order apportioning the award of the compensation commission in an eminent-domain proceeding. That proceeding involved the taking of lands owned in common by the three trusts. The appellee is the condemner, City of West Des Moines (the city).

Only one of the three trusts was named in the application for condemnation and the notice of public...

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