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Case No. 18-1034

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

Thomas Kellen and Jerome Kellen
v.
Wayne Pottebaum and Jeff Pottebaum

Appellant

Thomas Kellen and Jerome Kellen

Appellee

Wayne Pottebaum and Jeff Pottebaum

Attorneys for Appellant

Michael J. Jacobsma

Attorneys for Appellee

Jeff W. Wright and Jacob V. Kline

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1034
Date Published:
Jun 05, 2019
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. 

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