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CITY OF CLIVE v. IOWA CONCRETE BLOCK & MATERIAL

No. 64221.

298 N.W.2d 585 (1980)

CITY OF CLIVE, Appellant, v. IOWA CONCRETE BLOCK & MATERIAL COMPANY; E. Stephen Grask; Orville E. Crowley; Chicago, Milwaukee, St. Paul and Pacific Railroad Company; Bjornsen Investment Corporation; Pittsburgh-Des Moines Steel Company; and all Unknown Individuals and Corporations Having or Claiming an Interest in the Real Property to be Assessed as Part of the Construction of the 100th Street Improvement Program, 1979, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 11, 1980.

Attorney(s) appearing for the Case

Keith E. Luchtel of Nyemaster, Goode, McLauglin, Emery & O'Brien, Des Moines, for appellant.

Francis H. Becker of Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, for appellees Iowa Concrete Block & Material Co. and Pittsburgh-Des Moines Steel Co.

Bertrand E. Gionet, Des Moines, for appellees E. Stephen Grask and Orville E. Crowley.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

McGIVERIN, Justice.

This appeal involves an attempt by plaintiff City of Clive to levy special assessments, sections 384.37-.79, The Code 1979, against defendant property owners to pay the cost of turning a two-lane, gravel road into a four-lane, paved street. In January 1979 Clive petitioned the district court in equity under section 384.54 for a decree confirming the assessments. After trial, the court reduced the assessments from a total of $253,002.16 to $30,938...

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