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Legal Opinion

Harvey v. Iowa State Highway Commission

Supreme Court of Iowa

Decided October 20, 1964No. 51445PublishedCited by 21 opinions

1Opinion of the CourtStuart, J.

Plaintiffs’ petition seeking to enjoin the State Highway Commission from taking portions of their farms in relocating State highway 92 through Marion and Mahaska Counties was dismissed on defendants’ motion. They elected to stand upon the pleadings and appealed.

Doubtful pleadings attacked by a motion to dismiss are resolved against the pleader. 'Well pleaded, relevant and issuable facts are deemed true, but conclusions, not supported by pleaded ultimate facts, are not admitted. Hahn v. Ford Motor Co., 256 Iowa 27, 126 N.W.2d 350, and cases cited therein.

We treat the following facts alleged in…

2Cases cited13 opinions

  1. Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
  2. Hoover v. Iowa State Highway CommissionSupreme Court of Iowa · 1928
  3. Bennett v. City of MarionSupreme Court of Iowa · 1898
  4. Batcheller v. Iowa State Highway CommissionSupreme Court of Iowa · 1960
  5. Hahn v. Ford Motor CompanySupreme Court of Iowa · 1964

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3Cited by21 opinions

  1. Halvorson v. City of DecorahSupreme Court of Iowa · 1965
  2. Curtis v. Board of Supervisors of Clinton CountySupreme Court of Iowa · 1978
  3. Board of Directors of the Lone Tree Community School District v. County Board of EducationSupreme Court of Iowa · 1968
  4. Hinrichs v. Iowa State Highway CommissionSupreme Court of Iowa · 1967
  5. Frost v. StateSupreme Court of Iowa · 1970

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