Legal Opinion

Miller v. Warren County

Supreme Court of Iowa

Decided November 14, 1979No. 63157PublishedCited by 4 opinions

1Opinion of the Court

LARSON, Justice.

This plaintiff sought damages in the district court for the closing of a road adjacent to his property. The trial court sustained the county’s special appearance on the basis that the plaintiff had failed to timely appeal from an order of the board of supervisors denying compensation. We reverse and remand with instructions to the district court to enter an order vacating the order of the board.

The defendant county, through its board of supervisors, proposed to close a secondary road adjoining land of Arden Miller, the plaintiff. Its authority to do so under section 306.10,…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  3. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  4. Christensen v. Board of Supervisors of Woodbury Co.Supreme Court of Iowa · 1960
  5. Witham v. Union CountySupreme Court of Iowa · 1924

3Cited by4 opinions

  1. Town of Randolph v. Estate of WhiteSupreme Court of Vermont · 1997
  2. Matter of Estate of LovellCourt of Appeals of Iowa · 1983
  3. Stanfield v. Polk CountySupreme Court of Iowa · 1992
  4. Stanfield v. Polk CountySupreme Court of Iowa · 1992

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