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
Attorney for the Appellee
James L. Kramer
Attorney for the Appellant
Andrew B. Howie and James R. Hinchliff
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
