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Case No. 18-0979

Roberta R. Countryman, Trustee of the Ronald W. Woodbury Generation Skipping Trust
v.
Charles B. Lex

Appellee

Roberta R. Countryman, Trustee of the Ronald W. Woodbury Generation Skipping Trust

Appellant

Charles B. Lex

Attorneys for Appellee

James L. Kramer

Attorneys for Appellant

Andrew B. Howie and James R. Hinchliff

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0979
Date Published:
Jul 24, 2019
Summary

            Appeal from the Iowa District Court for Webster County, William C. Ostlund, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

Charles B. Lex appeals from a ruling ordering him to fix obstructed drainage tile located below his property.  He contends the district court should not have found an easement on subsurface tiling from a neighboring property onto his property.  In the event of an affirmance, Lex asks that the ruling be amended to assess future costs associated with tile maintenance to the neighbor.  OPINION HOLDS: We affirm the district court’s order for injunctive relief in the form of replacement of the tiles.  Further, the issue of future tile costs was not raised or decided below, and therefore, resolution of the issue is premature.

Date Amended:
Jul 25, 2019
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