Kerr v. Iowa Public Service Co.

McGIVERIN, Justice.

In this appeal plaintiffs Charles A. Kerr and Nancy A. Kerr challenge the dismissal by the district court of a petition for permanent injunction to halt condemnation of an easement across their property to be used for construction and maintenance of an electric transmission line by defendant Iowa Public Service Company (IPS). IPS sought and obtained a franchise with right of eminent domain from the Iowa Commerce Commission under chapter 478, The Code, 1977, for construction and maintenance of the line. Kerrs did not seek judicial review of the Commission proceedings under…