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BHC CO. v. BD. OF REVIEW OF CEDAR RAPIDS

No. 83-1371.

351 N.W.2d 523 (1984)

BHC COMPANY, An Illinois Corporation, Appellant, v. BOARD OF REVIEW OF CEDAR RAPIDS, Iowa; James W. Bowker, Chairman of the Board of Review of Cedar Rapids, Iowa; J. Thomas Hoegen, Abbott Lipsky, L.P. Boudreaux and Leo C. Peiffer, Members of the Board of Review of Cedar Rapids, Iowa, Appellees.

Supreme Court of Iowa.

July 18, 1984.

Attorney(s) appearing for the Case

Peter C. Riley and Mary K. Hoefer, Cedar Rapids, for appellant.

David F. McGuire, Cedar Rapids, for appellees.

Considered by HARRIS, P.J., and McCORMICK, McGIVERIN, LARSON, and CARTER, JJ.

HARRIS, Justice.

Plaintiff, owner of real estate in Cedar Rapids, brings this appeal from the grant of defendant board's special appearance. The district court ruled that plaintiff made a good faith and diligent effort to serve the proper official, as required by Iowa Code section 441.38 (1981), but was "unavoidably unable to do so . . . ." The district court felt obliged to sustain the special appearance on the basis of our decision in Economy Forms Corp. v. Potts...

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