Michael McKee and Diane McKee
v.
City of Council Bluffs
Appellant
Michael McKee and Diane McKee
Appellee
City of Council Bluffs
Attorney for the Appellant
Dane J. Schumann
Attorney for the Appellee
Malina M. Dobson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge. AFFIRMED. Heard by Schumacher, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, P.J. (20 pages)
Property owners Michael and Diane McKee appeal a district court decision denying them relief in a dispute with the City of Council Bluffs over surface water drainage. OPINION HOLDS: On our de novo review of the record, we agree with the district court that although the City’s property is the dominant estate, the City was not responsible for the damage the McKees claim their property has suffered from the surface water drainage. We accordingly affirm the court’s dismissal of the McKees’ claims for declaratory or mandamus relief, private nuisance, and pure nuisance.
