For summaries from opinions prior to August, 2018, view PDF versions here.
Abbas v. Franklin County Board of Supervisors
Marabelle Ann 'Le' Abbas, Marabelle Abbas Trust, Matthew Abbas, Harland Duane Abbas Trust, Patricia F. Hanson, Patricia Hanson, Ten-K Farms, Inc., Bruce C. Reid, Lynette Meyer and Roy and Neva Stover Trust, Plaintiffs-Appellants/Cross-Appellees
Franklin County Board of Supervisors, Mike Nolte, Gary McVicker, and Chris Vanness as Trustees of Drainage District Number 48, Defendants-Appellees/Cross-Appellants
Attorney for Appellants/Cross-Appellees
George A. Cady III
Attorney for Appellees/Cross-Appellants
Robert W. Goodwin
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge. APPEAL AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS; CROSS-APPEAL AFFIRMED. Heard by Tabor, P.J., and Buller and Langholz, JJ. Opinion by Buller, J. (11 pages)
Plaintiffs appeal and defendants cross-appeal the award of damages to plaintiffs following repairs to a drainage ditch, raising issues related to the existence of an easement, damages, and the conveyance of property. OPINION HOLDS: Because the defendants did not abandon the easement and the district court’s award of damages fell within the permissible range of evidence and was not overly speculative, we affirm the appeal in part and affirm the cross-appeal. We vacate and remand with directions on the property-conveyance issue.
