Newmire v. Maxwell

GARFIELD, Chief Justice.

We granted certiorari to review an order of defendant judge made April 23, 1968, requiring plaintiffs Robert R. and Donna M. Newmire to surrender possession to Iowa State Highway Commission on or before May 6 of property which included their dwelling taken by eminent domain for public highway purposes.

Plaintiffs’ claims of illegality in making the order may be boiled down to one: it violates section 472.26, Code 1966, quoted infra.

I. In November 1966 plaintiffs were purchasing on contract property in Cedar Rapids part of which they occupied as a dwelling. The…