State Ex Rel. Lown v. City of Iowa Falls

Relator’s property, upon which he desires to build a residence, lies along the easterly side of the Iowa River which runs southeasterly through defendant city. The proposed building site is said to be on a “scenic promontory” overlooking the river; but it is, nevertheless, more than two feet lower than, and 152 feet distant from, the nearest city sewer.

His deed describes “all available land” in city block 44, 264 feet deep, and part of an abandoned street adjoining. Most of the block lies under water. The part that would probably be called “available” is roughly described in the findings of…