WARDEN PLAZA v. BOARD OF REVIEW

No. 85-306.

379 N.W.2d 362 (1985)

WARDEN PLAZA, An Iowa Limited Partnership; Fort Dodge Area Home For Senior Citizens; and Warden Plaza Associates, Ltd., a Georgia Limited Partnership, Appellees, v. BOARD OF REVIEW OF the CITY OF FORT DODGE, Iowa; and Mary Beth Rice, Chairman, Pete Garatoni, Allan Weiss, John H. Evans and James H. Fitzgerald, as members; and Clarence Hilton, City Assessor, Appellants.

Supreme Court of Iowa.

Rehearing Denied January 10, 1986.


Attorney(s) appearing for the Case

Maurice C. Breen, Fort Dodge City Atty., and Charles D. Hunter and Linda S. Weindruch, of Belin, Harris, Helmick, Heartney & Tesdell, Des Moines, for appellants.

James R. Monroe, Burns Mossman, and Kasey W. Kincaid, of Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, and William S. Gibb, of Johnson, Erb, Latham, Gibb & Carlson, P.C., Fort Dodge, for appellees.

Considered en banc.


McGIVERIN, Justice.

This case is before us on an appeal from a ruling on plaintiffs' application for adjudication of law points under Iowa Rule of Civil Procedure 105 which resolved the merits of the controversy. The trial court sustained plaintiffs' application and held that, as a matter of law, certain land was exempt from general property taxation. We conclude that it was inappropriate for the court to declare plaintiffs' property exempt from taxation by a ruling...

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