Duncalf v. Ritscher Farms, Inc.

NEUMAN, Justice.

This is an action at law to review the decision of fence viewers under Iowa Code chapter 359A (1997). 1 The district court, applying rules pertinent to the fencing-in of livestock under Iowa Code chapter 169C (Supp.1997), upheld the fence viewers’ decision to place the entire burden for maintaining partition fences on the parties owning livestock.

We are convinced that the court, like the fence viewers before it, misapplied the law. We therefore reverse and remand for a reapportionment of the parties’ fencing obligations in accordance with chapter 359A.

I. Background Facts and…