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WILLIS v. CITY OF DES MOINES

No. 83-1020.

357 N.W.2d 567 (1984)

Robert WILLIS, Tom Bixby, Virgil Douglas, Wilma Thompson, Don Washburn, and Francine McCoy, Appellants, v. CITY OF DES MOINES, Iowa, and Tim Urban, George Flagg, Archie Brooks, George Nahas, L. Clark Priebe, Elaine Szmoniak, and Peter Crivaro, Mayor, in their official capacity as the Des Moines, Iowa, City Council, Appellees, and American Mutual Life Insurance Co., Carriers Insurance Co., Ruan Center Corp., Marriott Corp., City Center Development, Iowa Realty Co., United Central Bank of Des Moines, N.A., Employers Mutual Casualty Co., Locust Mall, Ltd., Tower Locust Ltd., Younkers, Inc., State Auto & Casualty Underwriters, Inc., Iowa-Des Moines National Bank, Graham Investment Co., and American Federal Savings and Loan Association, Intervenors-Appellees.

Supreme Court of Iowa.

Filed November 14, 1984.

Attorney(s) appearing for the Case

Helen L. Stirling, Des Moines, for appellants.

James Nervig, Des Moines Asst. City Atty., for appellees.

Edgar F. Hansell, James E. Gritzner, Kasey W. Kincaid of Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, and John A. McClintock of Hansen, McClintock & Riley, Des Moines, for intervenors-appellees.

Considered by UHLENHOPP, P.J., and McGIVERIN, LARSON, SCHULTZ and WOLLE, JJ.

SCHULTZ, Justice.

The City of Des Moines operates a pedestrian walkway system (skywalk) in its downtown area which is connected to many buildings containing private businesses. This appeal arises from an action by a group of unhappy taxpayers and residents which sought a declaratory judgment against the City regarding the meaning of the city ordinance creating the skywalk system and the resulting contracts with owners of connected business properties (private sector...

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