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Case No. 18-1034

Thomas Kellen and Jerome Kellen
Wayne Pottebaum and Jeff Pottebaum


Thomas Kellen and Jerome Kellen


Wayne Pottebaum and Jeff Pottebaum

Attorney for the Appellant

Michael J. Jacobsma

Attorney for the Appellee

Jeff W. Wright and Jacob V. Kline

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 05, 2019

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Tabor, JJ.  Opinion by Doyle, J.  (7 pages)

            Thomas and Jerome Kellen appeal the district court ruling denying their action for relief.  OPINION HOLDS: I. The Kellens failed to prove by a preponderance of the evidence that the installation of the relief pipe substantially increased the volume of water flowing onto their land or substantially changed the manner or method of drainage.  II. The district court did not abuse its discretion in excluding certain evidence the Kellens failed to disclose prior to trial. 

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