Braverman v. Eicher

RAWLINGS, Justice.

Plaintiff (Braverman) appeals from decree entered in his action against adjoining landowners (Seville) for relief from alleged nuisance and damages. We affirm as modified.

The two parcels of land here involved are located in Iowa City. The Seville property (dominant estate) is at the crest of a hill which slopes downward to the north where it adjoins the Braverman tract (servient estate).

In 1964, plaintiff started construction of a six structure apartment complex on the aforesaid northerly tract. He attendantly cut into and graded the southerly irregular embankment alongside…