Iowa Court Cases
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Bormann v. Board of Supervisors in & for Kossuth County, Iowa, 584 N.W.2d 309, (Iowa S. Ct. 1998)
Neighbors challenged the approval of an Agricultural Area designation, by the County Board, claiming that the immunity from nuisance suits that would apply to the owners of the area of land so designated would result in a taking of their property. The Supreme Court of Iowa held that Iowa Code Section 352.11(1)(a), that provides immunity to owners of land designated Agricultural Areas, was unconstitutional and unenforceable, and that the owners of land designated as Agricultural Areas were not immune from nuisance suits.
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