Rutter v. Carroll's Foods of the Midwest, Inc.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE POR MORE DEFINITE STATEMENT

BENNETT, District Judge.

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Novel claims and issues of statutory interpretation are presented in this dispute over whether a swine nursery and confinement facility in northwestern Iowa threatens an alluvial aquifer and the plaintiff property owners’ use and enjoyment of adjacent land. The defendant company has moved to dismiss on a variety of grounds, including failure of some of the plaintiffs to pursue statutorily required mediation of their claims before filing…