Bader v. Iowa Metropolitan Sewer Company

STUART, Justice.

Plaintiffs, owners of real estate, brought this action in equity to enjoin defendants from operating a sewage treatment lagoon on adjoining property and asking for damages based on the claim that the lagoon was a nuisance under section 657.1 and 657.2(1), Code of Iowa. The trial court held a sewage disposal facility is not a nuisance per se and that plaintiffs failed to prove it was a nuisance in fact and denied them any relief. The principal issue on plaintiffs’ appeal is whether the sewage lagoon is a permanent nuisance entitling plaintiffs to the decrease in value of their…