MITCHELL v. MILLS COUNTY, IOWA

Civ. No. 86-54-W.

673 F.Supp. 332 (1987)

Robert L. MITCHELL and Martha C. Mitchell, Plaintiffs, v. MILLS COUNTY, IOWA; Mills County Board of Supervisors, and Mills County Engineer, Defendants.

United States District Court, S.D. Iowa, W.D.

October 26, 1987.


Attorney(s) appearing for the Case

Eric H. Leed, Council Bluffs, Iowa, for plaintiffs.

Lee H. Gaudineer, Carlton Salmons, Des Moines, Iowa, for defendants.


ORDER

DONALD E. O'BRIEN, Chief Judge.

This matter comes to the Court on a motion for summary judgment filed by defendants. Briefs were submitted on behalf of each party, and a hearing was held before the Court. For the following reasons, the Court grants the defendants' motion for summary judgment with regard to the plaintiffs' due process claim and dismisses the plaintiffs' takings claim without prejudice for want of subject matter jurisdiction.

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