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IOWA NATURAL RESOURCES COUNCIL v. MAPES

No. 53052.

164 N.W.2d 177 (1969)

IOWA NATURAL RESOURCES COUNCIL, Appellant, v. Clarence MAPES and Mildred Mapes, Appellees.

Supreme Court of Iowa.

January 14, 1969.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Fred Hendrickson, and Larry Seckington, Asst. Attys. Gen., for appellant.

Gordon K. Darling, Winterset, for appellee.

BECKER, Justice.

This is an action in equity in which plaintiff, Iowa Natural Resources Council, an administrative agency of the State of Iowa, seeks a mandatory injunction prohibiting defendants from maintaining an obstruction or excavation in the floodway of the North Branch of North River. Defendants have, without making the necessary statutory application, erected a dam or levee which together with excavation of a new channel, straightened the North Branch as...

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