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GANNON v. RUMBAUGH

No. 07-0889.

772 N.W.2d 258 (2009)

William J. GANNON and Kathleen K. Gannon, Harley H. Steenhoek, Phyllis Steenhoek, and Ronald G. Beard, Plaintiffs-Appellees, v. Brian D. RUMBAUGH and Carol J. Rumbaugh, Defendants-Appellants.

Court of Appeals of Iowa.

July 2, 2009.

Attorney(s) appearing for the Case

Terry Rickers of Matthias, Campbell, Tyler, Nuzum & Rickers, Newton, for appellants.

R. Bradley Skinner of Skinner Law Office, P.C., Altoona, for appellees.

Considered by SACKETT, C.J., and POTTERFIELD and MANSFIELD, JJ.

SACKETT, C.J.

Defendant-appellants, owners of farmland, modified a levee or levees on their property and constructed a dam or put fill in an adjoining road ditch. Plaintiffs-appellees, two neighboring land owners and the farm tenant of one, sued on several theories seeking relief, contending the removal of the levees and the fill or dam in a road ditch caused their property to flood. The district court found in plaintiffs' favor and this appeal follows. We vacate...

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