Phelps v. Board Of Supervisors Of Muscatine

211 N.W. 2d 274 (1973)

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Nature of the Case

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Facts

In 1963, Muscatine County acquired the right of way for construction of a causeway and bridge spanning the Cedar River. The work was almost completed when a flood hit in 1965. All of it was completed when another flood hit in 1969. Both floods caused Phelps' (P) land to be partially inundated. P claimed that the construction by Muscatine (D) was the cause of their land flooding. The trial court found against P because their contention was conjectural and speculative as to when a flood will come again to the river and how big it will be and just how much damage it will cause P. P appealed.