Yonota v. Modrachek
Supreme Court of Iowa
Appeal from Cedar District Court. — -John T. Moffit, Judge. On July 21, 1915, John Gladfelter and three others filed their petition to the board of supervisors of Cedar County, praying that “a road commencing at a point 80 rods and 20 feet south of the northwest corner of Section 21, Township 80 north, Range 3 west of the 5th P. M., and running thence south on the section line between Sections 21 and 20 until it intersects Cedar River, be vacated.”
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Appeal from Cedar District Court. — -John T. Moffit, Judge. On July 21, 1915, John Gladfelter and three others filed their petition to the board of supervisors of Cedar County, praying that “a road commencing at a point 80 rods and 20 feet south of the northwest corner of Section 21, Township 80 north, Range 3 west of the 5th P. M., and running thence south on the section line between Sections 21 and 20 until it intersects Cedar River, be vacated.” The commissioner appointed by the county auditor reported in favor of the vacation of the highway, on March 21, 1918, and on April 8th following,…
1Opinion of the CourtLadd, J.
The only issue raised on .this appeal is whether a claimant for damages consequent on the vacation of a highway by the board of supervisors may appeal from its order denying allowance thereof, to the district court. The case is ruled by Grove v. Allen, 92 Iowa 519. That decision was based on Brady v. Shinkle, 40 Iowa 576, holding that damages were not allowable for vacation of a highway by the board of. supervisors. It is said that this and like cases were overruled by McCann v. Clarke County, 149 Iowa 13, and it is so said in that opinion. Such was not the effect of that decision. The…
2Cases cited4 opinions
- McCann v. Clarke CountySupreme Court of Iowa · 1910
- Brady v. ShinkleSupreme Court of Iowa · 1875
- Heery v. RobertsSupreme Court of Iowa · 1919
- Grove v. AllenSupreme Court of Iowa · 1894
3Cited by2 opinions
- Magdefrau v. Washington CountySupreme Court of Iowa · 1940
- Burgess v. Bremer CountySupreme Court of Iowa · 1920