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CLARKE COUNTY RESERVOIR COM'N v. ABBOTT

No. 14-0774.

862 N.W.2d 166 (2015)

CLARKE COUNTY RESERVOIR COMMISSION, Appellee, v. Linda Sue ABBOTT, et al., Defendants, Edwin D. & Deloris A. Robins Revocable Trust (Sheila A. Harned, Lanny Robins, Douglas E. Robins) and Kyle Robins, Appellants.

Supreme Court of Iowa.

April 10, 2015.

Attorney(s) appearing for the Case

David L. Brown of Hansen, McClintock & Riley, Des Moines, for appellants.

Ivan T. Webber of Ahlers & Cooney, P.C., Des Moines, for appellee.

This appeal presents two interrelated questions of first impression. The first question is whether a joint public-private commission organized under Iowa Code chapter 28E (2013) may exercise eminent domain powers. The second question is whether a declaratory judgment of public use under Iowa Code section 6A.24(2) obtained by such...

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