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SCHALLER v. STATE

No. 94-1058.

537 N.W.2d 738 (1995)

George H. SCHALLER, As Trustee of the George H. Schaller Trust, Appellee, v. STATE of Iowa, Acting Through the Iowa Department of Natural Resources, Appellant.

Supreme Court of Iowa.

September 20, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Michael H. Smith, Assistant Attorney General, for appellant.

Gary W. Armstrong of Mack, Hansen, Gadd, Armstrong & Schiller, P.C., Storm Lake, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN and TERNUS, JJ.

ANDREASEN, Justice.

The State of Iowa, acting through the Iowa Department of Natural Resources (DNR), appeals from a district court order granting Trustee George H. Schaller's (Schaller) motion for summary judgment in a mandamus action. Schaller filed the action to compel the DNR to lease a portion of a public lake access road vacated by the Buena Vista County Board of Supervisors (Board). The district court ordered the DNR to institute condemnation proceedings to...

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