Kuker v. Iowa State Highway Commission

Involved in this appeal is the correctness of the trial court’s ruling sustaining defendant’s motion to strike parts of three paragraphs of plaintiffs’ petition. An interlocutory appeal was granted in accordance with R. C. P. 332.

In June of 1961 defendant commenced proceedings to condemn, for highway purposes, certain real property of plaintiffs in Carroll Comity, Iowa, which abutted Primary Road No. 141 for 383 feet on the north side thereof. Being dissatisfied with the award of the sheriff’s jury, plaintiffs appealed to the district court. Their petition, among other things, alleged the…