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FITZGARRALD v. CITY OF IOWA CITY

No. 90-1845.

492 N.W.2d 659 (1992)

Dean A. FITZGARRALD and Phyllis Fitzgarrald, Appellants, v. The CITY OF IOWA CITY, Iowa, and Johnson County, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 23, 1992.

Attorney(s) appearing for the Case

William L. Meardon of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellants.

David E. Brown of Hayek, Hayek, Holland & Brown, Iowa City, for appellee City of Iowa City.

J. Patrick White, County Atty., and Karen Lorenzen, Legal Intern, for appellee Johnson County.

Considered en banc.

CARTER, Justice.

Plaintiffs, Dean Fitzgarrald and Phyllis Fitzgarrald, who are landowners adjacent to the Iowa City Municipal Airport, appeal from adverse judgment in mandamus action to compel condemnation. The court of appeals concluded that a taking had occurred but that plaintiffs had not shown exhaustion of administrative remedies or the requisite "finality of taking" under the "variance" provisions of the ordinance. We granted further review of the court of appeals...

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