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DES MOINES CHRYSLER-PLYMOUTH v. URBANDALE

No. 91-1023.

488 N.W.2d 711 (1992)

DES MOINES CHRYSLER-PLYMOUTH, INC., and Charles H. Gabus, Appellees, v. CITY OF URBANDALE, Iowa, Appellant.

Court of Appeals of Iowa.

April 28, 1992.

Attorney(s) appearing for the Case

Ivan T. Webber, Robert G. Allbee, and John F. McKinney of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellant.

J. Barton Goplerud of Duncan, Jones, Riley & Finley, P.C., Des Moines, for appellees.

Heard by OXBERGER, C.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

FACTS

Appellees, Des Moines Chrysler-Plymouth and Charles H. Gabus, (Gabus property) own property within an Urbandale special assessment district for the paving of streets.1 Appellees use the property for commercial purposes, specifically a car dealership that sells new and used cars and provides service for cars. The Gabus property abuts both 59th Street (for 202 feet...

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