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Wheatley v. Cass County

31 N.W.2d 871, 239 Iowa 932, 1948 Iowa Sup. LEXIS 404
CourtSupreme Court of Iowa
DecidedApril 6, 1948
DocketNo. 47193.
StatusPublished
Cited by3 cases

This text of 31 N.W.2d 871 (Wheatley v. Cass County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wheatley v. Cass County, 31 N.W.2d 871, 239 Iowa 932, 1948 Iowa Sup. LEXIS 404 (iowa 1948).

Opinion

Hays, J.

Highway K, in Benton Township, Cass County, Iowa, extends north and south across Troublesome Creek Valley. On the east side and adjacent to said highway is located the land of Jessie Wheeler, Frank J. Grullte and Carl Rogler, extending from the north to the south, in the order named. To the west of highway K, and adjacent thereto, is part of the land of plaintiff Roy (). Wheatley, while to the south and west of the Wheatley land is the land of plaintiff Henry W. Hansen. The natural flow of the surface water is from the northeast to the southwest. Prior to 1937 the same crossed this highway through several openings in the grade, and in flood time it flowed over and across the highway, and over and across the land of the plaintiffs.

In 1937 the supervisors of Cass County raised the grade on highway K, closing the old openings therein. About 400 feet south of the old channel of Troublesome Creek where it crossed highway K with the flow being from the east to the west, a new channel for the creek was made, which extended from the old channel on the Rogler land, southwest across the highway t.o again meet, the old channel on the Wheatley land, *934 At the place where the new channel of the creek crosses the highway a new steel bridge 100 feet long was built across this new opening in the grade. In building the new grade; and' to enable the County to make a ditch along the east side of the highway toward the south and into the new channel of Troublesome Creek, each of the intervenors granted an easement to the County over an additional strip of their land along the east side of the grade.

The watershed of Troublesome Creek and Crooked Creek, which enters it at the south on the Eogler land, includes about 65,920 acres with the point of convergence being at the bridge across the highway.

The County now proposes to construct a culvert across the highway at the location of the old channel crossing and it is to prevent this construction that an injunction is prayed. The trial court denied the' injunction and directed the County to proceed with the work. From a judgment accordingly, the plaintiffs appeal.

The following plat shows the general situation.

While appellants have submitted seven propositions as a basis for reversal, but one question is involved, i. e., equitable estoppel of appellees to now change the flow of water. Appellants say that after 1937, when the present grade and drainage along highway K were established, they, or at least Wheatley, purchased their land. That in reliance upon that grade valuable improvements have been made thereon which will be destroyed, unless appellees are denied the right to make the proposed changes.

Appellants frankly state that their case is brought in reliance upon certain statements made by this court in the case of Schwartz v. Wapello County, 208 Iowa 1229, 1233, 227 N. W. 91, 93. The question there involved was very similar to the instant one. Injunctive relief was denied but the opinion contains the following statement:

“Since the claimed, diversion of the water along the grader ditch in 1914, the appellant has no way changed or improved his farm to the south of the opening of the proposed culvert, so as to constitute an estoppel against the right of the, highway *936 authorities to place a culvert in the natural watercourse. * * * The situation of the appellant after the installation of the proposed culvert will be the same as it would have been, if the drainage had neyer been. diverted along the grader ditch.”

*935

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Related

In Re MacVicar's Estate
104 N.W.2d 594 (Supreme Court of Iowa, 1960)
Berry v. Young
104 N.W.2d 594 (Supreme Court of Iowa, 1960)
Droegmiller v. Olson
40 N.W.2d 292 (Supreme Court of Iowa, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
31 N.W.2d 871, 239 Iowa 932, 1948 Iowa Sup. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheatley-v-cass-county-iowa-1948.