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DALARNA FARMS v. ACCESS ENERGY COOP.

No. 09-0342.

792 N.W.2d 656 (2010)

DALARNA FARMS, Appellee, v. ACCESS ENERGY COOP., Appellant.

Supreme Court of Iowa.

December 23, 2010.

Attorney(s) appearing for the Case

Gregory R. Brown and Joseph G. Gamble of Duncan Green Brown & Langeness, P.C., Des Moines, and Stuart G. Mondschein of Wheeler, Van Sickle & Anderson, S.C., Madison, Wisconsin, for appellant.

Nicholas G. Pothitakis of Pothitakis Law Firm, PC, Burlington, and Scott Lawrence of Lawrence Law Office, S.C., St. Nazianz, Wisconsin, for appellee.

HECHT, Justice.

In a nuisance suit brought by a dairy farm against an electric utility, we are asked to interpret Iowa Code section 657.1(2) (2007) to determine the scope and constitutionality of the "electric utility defense."1 We conclude the potential comparative fault defense provided in section 657.1(2) is available in any nuisance action seeking damages against an electric utility. We reverse and remand to the district court for...

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