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Lavon M. Brockman
v.
Glen R. Ruby and Lori A. Ruby
Appellant
Lavon M. Brockman
Appellee
Glen R. Ruby and Lori A. Ruby
Attorney for the Appellant
Bradford L. Davis
Attorney for the Appellee
Lloyd R. Bergantzel
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Mullins, J. (9 pages)
LaVon Brockman appeals the dismissal of her equitable action to abate a private nuisance and establish a drainage easement. She contends the district court erred in concluding a circumstance on adjoining land owned by Glen and Lori Ruby does not amount to a nuisance and the court failed to consider the easement issue. Both parties request an award of appellate attorney fees. The Rubys request an additional award of expert-witness fees incurred in the district court proceedings. OPINION HOLDS: We affirm the denial of Brockman’s petition, deny the parties’ requests for appellate attorney fees, and deny the Rubys’ request for additional expert-witness fees.
