Hicks v. Franklin County Auditor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding county engineer’s knowledge of landowners’ use of land subject to county’s easement was not evidence independent of landowners’ use so as to satisfy section 564.1
• concluding claimants’ act of filling in a ditch on the disputed land so they could farm it was not independent of their use of the land so as to support a prescriptive easement
• rejecting landowners’ argument “that the county should be stopped from reclaiming the right-of-way because they took no action 14 to repair or restore the surface waterway for almost fifty years”
• finding substantial compliance with statutory notice provisions for drainage districts where “no plaintiff has asserted that he or she was not informed of the project or was deprived of the opportunity to object”
• “The notice provisions are intended to safeguard the . . . property owners’ rights to be informed and object.”
• “Notice is required if the estimated costs of a repair or an improvement exceed a certain dollar amount or a percentage of the original cost of the improvements.” (citing Iowa Code § 468.126(1)(c), (4)(a))

Source: CourtListener parenthetical corpus (CC0).

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

• Morgan v. American Family Mutual Insurance
  Supreme Court of Iowa· 1995-06-21· cited 63×
• Brede v. Koop
  Supreme Court of Iowa· 2005-12-16· cited 26×
• Koenigs v. Mitchell County Board of Supervisors
  Supreme Court of Iowa· 2003-04-02· cited 26×
• Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad Company
  Supreme Court of Iowa· 2013-02-01· cited 25×
• Larman v. State
  Supreme Court of Iowa· 1996-07-24· cited 16×
• Neely v. American Family Mutual Insurance
  N.D. Iowa· 1996-05-29· cited 10×
• Brunsman v. DeKalb Swine Breeders, Inc.
  N.D. Iowa· 1996-12-08· cited 8×
• Unnamed case
  Court of Appeals of Iowa· 2014-08-13
• Warren Christy and Alice Christy v. Harrison County Board of Supervisors, Acting as the Board of Trustees of the Sieg Drainage District
  Court of Appeals of Iowa· 2015-05-20
• Pieper, Inc. and Mep Co. v. Green Bay Levee and Drainage District No. 2
  Court of Appeals of Iowa· 2016-12-21
• Dean R. Lindflott, Shirley M. Lindflott, Richard A. Lindflott, and Robert D. Lindflott v. Drainage District No. 23, Worth County, Iowa, and Worth County Board of Supervisors
  Court of Appeals of Iowa· 2017-11-08
• John and Lauri Askew v. Trustees of Mule Slough Drainage District
  Court of Appeals of Iowa· 2020-02-05
• Sadusky v. Lake Creek
  Court of Appeals of Iowa· 2020-07-22
• David S. Griffith, Liliana Santillan, Gary P. Brecht, Sandra Frederick, Stephanie R. Dougherty, Dennis R. Coots and Leta Rose v. The City of LeClaire, Iowa, The City Council of the City of LeClaire, Dennis Gerard, John A. Smith, Jason Wentland, Barry Long, and Amy Blair
  Court of Appeals of Iowa· 2021-01-21
• Erich Riesenberg v. Chris Johansen, in his official capacity as Community Development Director, and City of Des Moines, Iowa
  Court of Appeals of Iowa· 2021-03-17
• David Wyatt and Robert Swan v. Clay County Board of Supervisors and Clay County Drainage District No. 37
  Court of Appeals of Iowa· 2021-06-16
• Ronald Jensen, Arlene Jensen, Dale and Bonnie Knutson Trust, Dorothy J. Heintz and L&C Farm LLC v. Lauris Olson, Linda Murken, Lisa Heddens, in their Official Capacity as Drainage District Grant 5 Trustees, Story County Assessor and Story County Treasurer
  Court of Appeals of Iowa· 2022-01-12
• Union Pacific Railroad Company and Midwestern Railroad Properties v. Drainage District 67 Board of Trustees, Gary Rabe, in His Capacity as a Member of the Board of Trustees, Keith Helving, in His Capacity as a Member of the Board of Trustees, Dennis Prochaska, in His Capacity as a Member of the Board of Trustees
  Supreme Court of Iowa· 2022-05-06
• Castle Gate Homeowners' Association v. K & L Properties, LLC
  Court of Appeals of Iowa· 2023-02-08
• Abbas v. Franklin County Board of Supervisors
  Court of Appeals of Iowa· 2024-05-22

Cites

17 cases in this archive are cited by this case.

• Charles Gabus Ford, Inc. v. Iowa State Highway Commission
  Supreme Court of Iowa· 1974-12-18· cited 34×
• Henderson v. Millis
  Supreme Court of Iowa· 1985-08-21· cited 28×
• Johnson v. Johnson
  Supreme Court of Iowa· 1981-02-18· cited 22×
• Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.
  Supreme Court of Iowa· 1971-06-17· cited 20×
• Fitzgarrald v. City of Iowa City
  Supreme Court of Iowa· 1992-11-25· cited 19×
• Thompson v. Joint Drainage District No. 3-11
  Supreme Court of Iowa· 1966-06-14· cited 18×
• Thorson v. Board of Supervisors
  Supreme Court of Iowa· 1958-06-03· cited 14×
• Johnson v. Monona-Harrison Drainage District
  Supreme Court of Iowa· 1955-02-08· cited 13×
• Hammer v. County of Ida
  Supreme Court of Iowa· 1975-07-31· cited 12×
• Ioerger v. Schumacher
  Supreme Court of Iowa· 1973-01-17· cited 12×
• Walker v. Joint Drainage District No. 2 of Osceola & Dickinson Counties
  Supreme Court of Iowa· 1924-02-12· cited 11×
• SMB Investments v. Iowa-Illinois Gas & Electric Co.
  Supreme Court of Iowa· 1983-02-23· cited 10×
• Stanfield v. Polk County
  Supreme Court of Iowa· 1992-10-21· cited 7×
• Mammel v. M & P Missouri River Levee District
  Supreme Court of Iowa· 1982-11-24· cited 7×
• Jerrel v. Board of Supervisors
  Supreme Court of Iowa· 1955-12-13· cited 5×
• McGuire v. Voight
  Supreme Court of Iowa· 1951-10-16· cited 5×
• Johnston v. Drainage District No. 80
  Supreme Court of Iowa· 1918-09-28· cited 3×