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Case No. 18-0170

For summaries from opinions prior to August, 2018, view PDF versions here

Lavon M. Brockman
v.
Glen R. Ruby and Lori A. Ruby

Appellant

Lavon M. Brockman

Appellee

Glen R. Ruby and Lori A. Ruby

Attorneys for Appellant

Bradford L. Davis

Attorneys for Appellee

Lloyd R. Bergantzel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0170
Date Published:
Dec 05, 2018
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.

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