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MILLER v. PALO ALTO BOARD OF SUPERVISORS

No. 49150.

84 N.W.2d 38 (1957)

H. E. MILLER, Appellant, v. PALO ALTO BOARD OF SUPERVISORS and R. O. Miller, Sheriff of Palo Alto County, Appellees.

Supreme Court of Iowa.

June 26, 1957.

Attorney(s) appearing for the Case

Hutchison, Hutchison & Carroll, Algona, for appellant.

Joseph P. Hand, Emmetsburg, for appellees.

OLIVER, Justice.

Respondent Board of Supervisors, as trustee for Drainage District 61 in Palo Alto County, Iowa, caused to be instituted a proceeding for the condemnation of a strip of land for drainage purposes. Respondent county sheriff appointed a commission which assessed damages for such taking. Thereafter the board constructed a surface drain upon said strip. Upon petition of H. E. Miller, owner of part of said land...

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