KREIFELS v. SOUTH PANORAMA SANITARY DIST.

No. 90-793.

474 N.W.2d 567 (1991)

Timothy J. KREIFELS and Celeste I. Kreifels; Floyd L. Sayles and Patricia A. Sayles; David George Stilley and Connie Jo Stilley; Morris Vermuelen and Constance Vermuelen; Kassen F. Duis and Karen Duis; and John Coons, Appellees, v. SOUTH PANORAMA SANITARY DISTRICT, Appellant, and the Guthrie County Board of Supervisors, Defendant.

Supreme Court of Iowa.

September 18, 1991.


Attorney(s) appearing for the Case

William J. Lillis and Douglas A. Fulton of Connolly, O'Malley, Lillis, Hansen & Olson, Des Moines, for appellants.

Brett I. Anderson, West Des Moines, for appellees.

Considered en banc.


HARRIS, Justice.

Affected property owners brought this suit to challenge assessments imposed by the trustees of a sanitary drainage district. Connection fees were fixed at varying rates, depending on time the connections were made. We agree with the district court that the assessments were unfair. We therefore affirm its judgment declaring a section of the ordinance void and unenforceable.

Lake Panorama is an extensive residential development surrounding a...

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