Legal Opinion

Chicago Central & Pacific Railroad Company v. Calhoun County Board of Supervisors, Acting as Trustee for the Drainage District No. 86

Supreme Court of Iowa

Decided June 29, 2012No. 10–0061PublishedCited by 21 opinions

1Opinion of the Court

ZAGER, Justice.

Chicago Central and Pacific Railroad Company (CCP) seeks further review from a court of appeals decision affirming the district court’s judgment in favor of the Calhoun County Board of Supervisors, acting as trustee for Drainage District No. 86, and dismissal of CCP’s petition. This case presents two issues. The first is whether Iowa’s drainage laws permit a private party to voluntarily perform repairs on a drainage improvement, request reimbursement for those repairs, and then file a petition with the district court when the request for reimbursement is denied. If we determine…

2Cases cited11 opinions

  1. Voss v. State, Iowa Department of TransportationSupreme Court of Iowa · 1996
  2. Estate of Ryan Ex Rel. Ryan v. Heritage Trails Associates, Inc.Supreme Court of Iowa · 2008
  3. Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.Supreme Court of Iowa · 1971
  4. Fisher v. Dallas CountySupreme Court of Iowa · 1985
  5. Chicago & North Western Transportation Co. v. Webster County Board of SupervisorsCourt of Appeals for the Eighth Circuit · 1995

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3Cited by21 opinions

  1. Bank of America, N.A. v. SchulteSupreme Court of Iowa · 2014
  2. Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal CorporationSupreme Court of Iowa · 2012
  3. Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
  4. Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad CompanySupreme Court of Iowa · 2013
  5. Waltner v. JPMorgan Chase Bank, N.A.Court of Appeals of Arizona · 2013

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