OSBORN v. CITY OF CEDAR RAPIDS

No. 66913.

324 N.W.2d 471 (1982)

Harry J. OSBORN and Gwendolyn R. Osborn, Appellants, v. CITY OF CEDAR RAPIDS, Iowa, Donald J. Canney, Harold G. Schaefer, Wayne A. Murdock, Floyd T. Bergen, and Stanislavs Reinis, Appellees.

Supreme Court of Iowa.

September 29, 1982.


Attorney(s) appearing for the Case

Minor Barnes of Pickens, Barnes & Abernathy, Cedar Rapids, for appellants.

Lynda E. Thomsen, Asst. City Atty., for appellees.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.


HARRIS, Justice.

The city brought three successive eminent domain proceedings to acquire plaintiffs' real property located in a residential area of Cedar Rapids. All were dismissed and the city thereafter condemned only two easements across the property. This mandamus action thereafter was brought on a theory that the property had in effect been "taken" and the city should be compelled to follow through with its earlier plans to acquire the land and pay compensation...

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