(Radio Iowa) – The U-S Court of Appeals has ruled the federal government bears responsibility for causing atypical recurrent flooding that damaged farms and property in the Missouri River basin since 2007. Initially filed in 2014, the plaintiffs in the case include more than 370 landowners from Iowa, Kansas, Missouri, Nebraska, North Dakota and South Dakota. Seth Wright, the lead counsel for the plaintiffs, says while some landowners were frustrated with how long the case is taking, they were pleased with this latest ruling.

“In some respects, our clients feel vindicated that the government has caused the flooding — which is something they knew all along — and that they are now hopefully going to receive some compensation from the government,” said Wright. “It’s been almost a decade since we filed this case and a decade-and-a-half since the first flood began in 2007.” Wright says the primary allegation from the plaintiffs was that the changes the U.S. Army Corps of Engineers made to the river through the Missouri River Recovery Program (or M-R-R-P) caused flooding along the river — which the court also ruled violated the 5th Amendment.

“The 5th Amendment also provides that the government cannot take private property without just compensation,” Wright explained. “That’s what this case was about — that the government had taken the property rights of the plaintiffs through the appropriation of a flowage easement and had not compensated them for that flowage easement.” Wright says it was a massive win for the ruling to favor their cross-appeals, including compensation for crop losses, damages from the 2011 floods, and the value of the permanent flowage easement on the impacted landowners’ properties.

“The changes they made to the river through the MRRP is what’s caused this flooding and they have appropriated a permanent flowage easement over our client’s property, which will allow the government to continue to flood their property,” said Wright. “So, the only recourse through the 5th Amendment is just compensation.” Wright says it’s unclear whether the federal government will choose to appeal the ruling. “The next appeal from this would be to the United States Supreme Court,” he said, “so, we’ll have to wait and see what the government does and whether they want to appeal this ruling.”

Unless appealed to the U.S. Supreme Court, the Court of Appeals has ruled to remand the case back to the trial court.

(Elliott, Iowa) – A woman from Cass County (IA) was injured during a single-vehicle accident late Sunday evening north of Elliott, in Pottawattamie County. According to the Pott. County Sheriff’s Office, an SUV driven by Olivia Kay Ewing, of Griswold, was traveling east on Pioneer Trail at around 7:50-p.m., Sunday, when the vehicle went out of control while she was trying to turn north, onto 535th Street.

The SUV slid into the northeast ditch and hit an embankment before rolling over. Ewing was transported by Griswold Rescue to Mercy Hospital in Council Bluffs, for treatment of minor injuries.

The SUV, a 2017 Nissan Rogue, sustained $18,000 in damage.

(Des Moines, Iowa) – A central Iowa woman faces a Class-D Felony charge of Insurance Fraud – Presenting False Information. The Iowa Insurance Division’s Fraud Bureau reports 25-year-old Kayla Dennis, of Johnston, was also charged with one count of Forgery, and one count Theft in the 3rd Degree, following an investigation by the Iowa Insurance Division’s Fraud Bureau.

The charges against Dennis stem from an investigation that began in May 2023. According to criminal complaints filed by the Iowa Insurance Division’s Fraud Bureau, Dennis provided false information and fabricated documents in support of a short-term disability claim and to receive benefits she otherwise would not have been entitled to. On June 19, 2023, Dennis was arrested and booked into the Polk County Jail where she posted a $10,000 bond.

Kayla Dennis (Photo courtesy the Polk County Sheriff’s Office)

Iowans with information about insurance fraud are encouraged to contact the Iowa Insurance Division’s Fraud Bureau at 515-654-6556.

Note: A criminal charge is merely an accusation and a defendant is presumed innocent until proven guilty.

(Atlantic, Iowa) – The Cass County Board of Supervisors will hold their regular weekly meeting beginning at 9-a.m. Tuesday, in the Board Room at the Cass County Courthouse. There are two public hearings and several action items on their agenda, which can be viewed here: Agenda for Publication – 2023.06.27.

(Radio Iowa) – One person was killed in a house fire over the weekend in Estherville. Estherville Fire Chief Travis Sheridan says shortly after 7:20 AM Saturday, firefighters were called to 219 South 8th Street after a passerby reported smoke coming from the roof. Sheridan says when a fire officer and the Estherville Police Department arrived on scene, they tried to make entry into the home. There was low heavy smoke coming out of the ground floor entry door at that time.

Sheridan says when firefighters arrived on scene they quickly deployed the aerial truck to ventilate the roof and entry teams made advancement into the home. He says it took firefighters around 30 minutes before they were able to locate a 61-year-old male victim, due to the heavy smoke. The name of the victim has not been released.

(Radio Iowa) – A $10,000 donation from former Governor Terry Branstad’s charity is part of the fundraising that’s led to the opening of a fireproof, climate-controlled vault in the Forest City Mansion Museum. Branstad was at the museum Sunday for the vault’s dedication.

“It’s a great homecoming for me,” Branstad said, “a lot of wonderful memories about Forest City representing this area in the legislature (and) of course as lieutenant governor and governor and all the wonderful people, the great teachers I had coaches and just wonderful people of this area.”

Branstad grew up on a farm near Leland and graduated from Forest City High School in 1965. There’s a Branstad room in the museum, “with a lot of the paraphernalia from my time as governor that I’ve been proud to donate,” Branstad said.

Branstad has also donated items from his time as U.S. Ambassador to China. The museum’s new vault will house area newspapers dating back to 1871 as well as other documents and historical items.