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BAKKEN v. CITY OF COUNCIL BLUFFS

No. 89-1152.

470 N.W.2d 34 (1991)

Robert BAKKEN, Appellee, v. CITY OF COUNCIL BLUFFS, Appellant.

Supreme Court of Iowa.

Rehearing Denied June 19, 1991.

Attorney(s) appearing for the Case

Mark W. Bennett of Babich, Bennett & Nickerson, Des Moines, and Robert L. O'Brien, Asst. City Atty., Council Bluffs, for appellant.

Lyle A. Rodenburg, Council Bluffs, for appellee.

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

LARSON, Justice.

Robert Bakken, who owns a bait shop in Council Bluffs, Iowa, applied for building permits to add approximately 700 square feet to his shop. The City denied the permits as well as Bakken's requests for rezoning and variances. Bakken sued the City for damages, alleging that it had "taken" his property. Bakken recovered a substantial verdict, and the City appealed. An equally divided court of appeals affirmed by operation of law, Iowa Code § 602...

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