GREEN v. WILDERNESS RIDGE, L.L.C.

No. 08-1009.

777 N.W.2d 699 (2010)

Edward A. GREEN, Melvin J. Green and Barbara Green, Appellants, v. WILDERNESS RIDGE, L.L.C., Loras J. Faber, Sandra Faber, John H. Kivlahan, Doris E. Kivlahan and Dubuque County, Iowa, Appellees.

Supreme Court of Iowa.

January 8, 2010.


Attorney(s) appearing for the Case

Stephen W. Scott of Kintzinger Law Firm, P.L.C., Dubuque, for appellants.

Brian J. Kane of Kane, Norby & Reddick, P.C., Dubuque, for appellees.


APPEL, Justice.

This case presents the court with a little utilized area of the law — private condemnation. The plaintiffs seek further review of a district court order granting the defendant's action for private condemnation and selecting the defendant's proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that the district court's determination of the "nearest...

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