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
v.
Franklin County Board of Supervisors, Mike Nolte, Gary McVicker, and Chris Vanness as trustees of Drainage District Number 28,
The plaintiffs appeal and defendants cross-appeal from a district court ruling finding the defendants had an easement on the plaintiffs’ land, awarding the plaintiffs damages, and conveying certain property to Drainage District Number 48. The court of appeals affirmed the easement ruling, affirmed the appeal and cross-appeal on damages, and vacated and remanded with directions on the property conveyance issue. The defendants seek further review.
Resister
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
Applicant
Franklin County Board of Supervisors, Mike Nolte, Gary McVicker, and Chris Vanness as trustees of Drainage District Number 28,
Attorney for the Resister
Robert W. Goodwin
Attorney for the Applicant
George A. Cady III
Supreme Court
Oral Argument Schedule
15-15-5
Dec 17, 2024 9:00 AM
Briefs
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.