Rosendahl Levy v. Iowa State Highway Commission

LeGRAND, Justice.

This is an action in equity for a mandatory injunction against the Iowa State Highway Commission. Plaintiffs allege defendant constructed U. S. Highway #52 by-pass near Decorah in a manner which caused surface water to drain over their land in excessive quantities and with accelerated velocity, causing severe and repeated damage. Plaintiffs claim, too, that such damage will recur unless the relief they seek is granted. The trial court found plaintiffs were entitled to an injunction and the highway commission appeals. We affirm.

Plaintiffs Rosendahl Levy and/or Drainage…