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HARTZLER v. TOWN OF KALONA

No. 56169.

218 N.W.2d 608 (1974)

Vernon HARTZLER and Virginia Hartzler, Appellees, v. The TOWN OF KALONA, Iowa, and French Associates, Inc., Appellants. Wayne W. DUWA and Virginia A. Duwa, Appellees, v. The TOWN OF KALONA, Iowa and French Associates, Inc., Appellants.

Supreme Court of Iowa.

May 22, 1974.

Attorney(s) appearing for the Case

Tracy E. Anderson, Kalona, for appellants.

John Nolan, Iowa City, for appellees.

Heard before MOORE, C. J., and MASON, RAWLINGS, REYNOLDSON and HARRIS, JJ.

HARRIS, Justice.

Can permanent nuisance damages be awarded in a law action against a municipality for maintaining a sewage lagoon? We believe they can and accordingly affirm jury verdicts awarding them.

Vernon Hartzler and Wayne Duwa (plaintiffs) brought this action against the town of Kalona (defendant) on the claim their properties were damaged as a result of defendant's sewage lagoons. The lagoons were adjacent...

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