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Thomas Kellen and Jerome Kellen
v.
Wayne Pottebaum and Jeff Pottebaum
Appellant
Thomas Kellen and Jerome Kellen
Appellee
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:
Summary
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.
