Newton v. City of Grundy Center

The trial court sustained defendant’s motion to dismiss the petition of the plaintiff upon the ground, “That the allegations contained in said petition indicate affirmatively that the plaintiff possesses an adequate remedy at law.” Plaintiff appeals.

The plaintiff’s, Fred Newton’s, petition in equity alleged that he owned certain real estate and rented other land concerned in this action; that in the summer of 1953 the defendant, City of Grundy Center, Iowa, constructed a sewer system, extending an underground tile from a lift station across the premises rented by him and lands owned by him,…