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Case No. 19-0525

John and Lauri Askew, et al.
v.
Trustees of Mule Slough Drainage District

Appellee

John and Lauri Askew, et al.

Appellant

Trustees of Mule Slough Drainage District

Attorneys for Appellee

Matthew G. Woods

Attorneys for Appellant

Robert W. Goodwin

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0525
Date Published:
Feb 05, 2020
Summary

            Appeal from the Iowa District Court for Fremont County, Kathleen Kilnoski, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            Defendant Trustees of Mule Slough Drainage District (Trustees) appeal the district court’s decision finding it had improperly annexed and reclassified land into the Mule Slough Drainage District (Mule Slough DD).  OPINION HOLDS: We find the district court properly determined the trustees for the Missouri Valley Drainage District (Missouri Valley DD) could appear as plaintiffs in this action.  We affirm the district court decision finding the Mule Slough DD did not properly annex the land in the Missouri Valley DD.  The Mule Slough DD did not follow the statutory procedures to accomplish annexation, and it has not presented sufficient legal arguments to show why the statutory provisions should not be followed.  Furthermore, without annexation, the Mule Slough DD did not have authorization to reclassify the land in question.  We agree with the court’s conclusion that because there were errors in the annexation proceedings, the annexation in whole must be vacated.  We affirm the decision of the district court.

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