BADER v. IOWA METROPOLITAN SEWER COMPANY

No. 53982.

178 N.W.2d 305 (1970)

Leslie C. and Betty W. BADER, Appellants, v. IOWA METROPOLITAN SEWER COMPANY, Marlin Cole, Lloyd E. Clarke, and David W. Belin, Appellees.

Supreme Court of Iowa.

June 23, 1970.


Attorney(s) appearing for the Case

Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellants.

Herrick, Langdon, Belin & Harris, Des Moines, for appellees.


STUART, Justice.

Plaintiffs, owners of real estate, brought this action in equity to enjoin defendants from operating a sewage treatment lagoon on adjoining property and asking for damages based on the claim that the lagoon was a nuisance under section 657.1 and 657.2(1), Code of Iowa. The trial court held a sewage disposal facility is not a nuisance per se and that plaintiffs failed to prove it was a nuisance in fact and denied them any relief. The principal issue...

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