SMITH v. CITY OF DUBUQUE

No. 84-1318.

376 N.W.2d 602 (1985)

Robert W. SMITH and Lorrayne A. Smith, a/k/a Lorrayne Koerperick; Dane E. Smith and Nicolette H. Smith; John Christensen and Verna Christensen; S. Frank Murray and Betty L. Murray; William H. Smith and Elizabeth G. Smith; Reuben Pirner and Jean Pirner; Richard Strub and Louise Strub; Ulysses S. Lewis and Marie G. Lewis; James N. Clark and Pauline D. Clark; and Guy A. Gard and Judith A. Gard, Appellants, v. The CITY OF DUBUQUE, Appellee.

Supreme Court of Iowa.

November 13, 1985.


Attorney(s) appearing for the Case

David C. Bauer and James M. Heckmann of Bauer and Heckmann, P.C., Dubuque, for appellants.

Barry A. Lindahl, Corporate Counsel, Dubuque, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, SCHULTZ and WOLLE, JJ.


McCORMICK, Justice.

The district court entered summary judgment for defendant City of Dubuque in an action by plaintiff property owners seeking to enjoin enforcement of special assessments against their property for a paving project. The court of appeals reversed the district court on the ground the City lacked jurisdiction to approve the paving project on a motion to reconsider at a special council meeting without a new notice to the property owners. We find that...

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