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HENNINGS v. CALLAHAN

No. 03-0586.

689 N.W.2d 137 (2004)

William HENNINGS and Yvonne Kuch, Plaintiffs-Appellees, v. Don A. CALLAHAN, Dale Seeck, Richard Silhanek, Trustees of Homer Township, Benton County, Iowa, Defendants-Appellants.

Court of Appeals of Iowa.

July 14, 2004.

Attorney(s) appearing for the Case

David Thompson, Vinton, for appellant.

Anders Norgaard, Belle Plaine, for appellee.

Heard by SACKETT, C.J., and HUITINK and MILLER, JJ.

SACKETT, C.J.

Defendants-appellants Trustees of Homer Township, Benton County, Iowa, appeal the ruling of the trial court reversing their decision to permit the placement of a memorial stone in the Kirchner Cemetery. On appeal defendants claim the trial court erred in ordering the removal of the memorial stone, as it is the role of the trustees, not the role of the district court, to make such decisions. We reverse and remand.

I. BACKGROUND FACTS AND PROCEEDINGS...

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