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TOMBERGS v. CITY OF ELDRIDGE

No. 87-1729.

433 N.W.2d 731 (1988)

Leo TOMBERGS and Marie Tombergs, Husband and Wife, and Eldridge Cooperative Company, an Iowa Corporation, Appellants, v. CITY OF ELDRIDGE, Iowa, Appellee.

Supreme Court of Iowa.

As Corrected December 28, 1988.

Attorney(s) appearing for the Case

John T. Flynn of Brubaker, Flynn & Darland, P.C., Davenport, for appellants.

Patricia Rhodes Cepican of McDonald, Stonebraker & Cepican, P.C., Davenport, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN and SNELL, JJ.

NEUMAN, Justice.

This case involves the scope of the district court's authority to consider special assessment appeals under the procedure authorized by Iowa Code section 384.66(2) (1987).1 The question is one of timing: When may an aggrieved party first appeal an assessment? Here the district court dismissed plaintiffs' appeal on defendant's motion for summary judgment, concluding that the appeal was filed prematurely and thus deprived...

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