Mahaska State Bank v. Kelly

SACKETT, Judge.

The question in this appeal in an action for declaratory judgment is whether the trial court correctly found a sewage service line and a sewage lift station had been dedicated to the defendant-appellant city of New Sharon by common law and the line and lift station were a public utility the city was required to operate. Plaintiff-appellee Ma-haska State Bank owned the line and lift station and sought in the declaratory judgment action to transfer responsibility for the line to the city. We agree with the city that the trial court erred and reverse and dismiss the petition.

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