NICHOLS v. CITY OF EVANSDALE

No. 03-1385.

687 N.W.2d 562 (2004)

Ron L. NICHOLS and Jurly Nichols, Appellants, v. CITY OF EVANSDALE, Iowa, Appellee.

Supreme Court of Iowa.

October 6, 2004.


Attorney(s) appearing for the Case

Jay A. Nardini of Nardini Law Office, Cedar Falls, for appellants.

William G. Nicholson of Rush & Nicholson, P.L.C., Cedar Rapids, for appellee.


CADY, Justice.

This appeal requires us to consider the rights and remedies of parties to an exchange of parcels of land when both parties were unaware of sewer lines beneath the surface of one of the parcels. The district court rejected the plaintiffs' claims for trespass, rent, and declaratory relief and granted the defendant an easement. On our de novo review, we affirm the decree of the district court in part, reverse in part, and remand for a hearing on damages...

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