DM&E RAILROAD v. DIST. CT. FOR LOUISA CTY.

No. 15-1456.

898 N.W.2d 127 (2017)

DAKOTA, MINNESOTA & EASTERN RAILROAD d/b/a Canadian Pacific, Plaintiff, v. IOWA DISTRICT COURT FOR LOUISA COUNTY, Defendant.

Supreme Court of Iowa.

Filed June 30, 2017.


Attorney(s) appearing for the Case

Kerry A. Finley and Nancy J. Penner of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, and Daniel P. Kitchen , Washington, for plaintiff.

William Scott Power of Aspelmeier, Fisch, Power, Engberg & Helling, P.L.C., Burlington, for defendant.


An injunction was issued by judgment in 1977 against the owner of a railroad right-of-way directing it to reconstruct a dike designed to channel creek water under the railroad's bridge and away from adjacent farmland. Nearly forty years later, a drainage district that was joined as a defendant in the earlier litigation asked the...

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