Legal Opinion
Gravert v. Nebergall
Supreme Court of Iowa
Decided October 25, 1995No. 94-1153PublishedCited by 24 opinions
1Opinion of the Court
HARRIS, Justice.
The trial court concluded that Iowa Code chapter 359A (1995) (fence viewing statute) is unconstitutional as applied to the plaintiffs in this case. The court also concluded the chapter was preempted by Iowa Code section 364.1 (home rule for cities). Because we disagree with these conclusions we reverse and remand.
This dispute is between adjoining Cedar County landowners. Plaintiffs Graverts own twelve acres of land, all located within the city limits of Tipton. Three acres are used as a residence and nine acres are leased out for crop farming. Tipton is located within the…
2Cases cited21 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Northwestern Laundry v. City of Des MoinesSupreme Court of the United States · 1916
- Chicago Title Insurance Co. v. HuffSupreme Court of Iowa · 1977
- Richards v. City of MuscatineSupreme Court of Iowa · 1975
- Hines v. Illinois Central Gulf RailroadSupreme Court of Iowa · 1983
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gacke v. Pork Xtra, L.L.C.Supreme Court of Iowa · 2004
- Goodell v. Humboldt CountySupreme Court of Iowa · 1998
- Home Builders Ass'n of Greater Des Moines v. City of West Des MoinesSupreme Court of Iowa · 2002
- Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants.Supreme Court of Iowa · 2018
- Knudson v. City of DecorahSupreme Court of Iowa · 2000
19 more not listed; retrieve them via the Exa API.