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BRADLEY v. BD. OF TR. OF WASHINGTON TP.

No. 87-732.

425 N.W.2d 424 (1988)

Virgil BRADLEY, Plaintiff-Appellant, v. The BOARD OF TRUSTEES OF WASHINGTON TOWNSHIP, DUBUQUE COUNTY, Iowa, and Kenneth Pancratz, Gerald Arensdorf, and Delbert Bradley, Trustees of Washington Township, Defendants-Appellees, Gerald Arensdorf and Rita Arensdorf, Intervenors.

Court of Appeals of Iowa.

April 20, 1988.

Attorney(s) appearing for the Case

Michael A. Stapleton, Dubuque, for plaintiff-appellant.

Fred McCaw, Dubuque County Atty., for defendant-appellee Board of Trustees of Washington County.

Heard by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.

DONIELSON, Judge.

Plaintiff appeals from the district court's rejection of his recast petition for writ of certiorari seeking to set aside the fence viewers' decision in November 1982 concerning plaintiff's and intervenors' responsibility for maintenance of a fence. We reverse.

A fence running north and south separates the farm properties of Virgil Bradley and the intervenors, Gerald and Rita Arensdorf. Prior to 1982, the Arensdorfs were responsible for the...

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