Hansen v. County of Cass

Plaintiffs alleged that defendant’s project to improve a highway and straighten a creek had caused overflow damage to their farm and personal property. The district court on defendant’s motion for summary judgment dismissed the petition. Plaintiffs appeal. Defendant argues claim preclusion by the final award of compensation to plaintiffs in a previous eminent domain proceeding relating to the project.

In 1959 defendant by eminent domain acquired the fee in a strip 7 feet wide along the south side of plaintiffs’ farm. On the profile-plat filed in the proceeding the strip, as right-of-way for…