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UHL v. CITY OF SIOUX CITY

No. 91-643.

490 N.W.2d 69 (1992)

Clarence UHL and Herthel C. Uhl, Appellants, v. CITY OF SIOUX CITY, Iowa, A Municipal Corporation, and the Iowa State Highway Commission, n/k/a Iowa Department of Transportation, Appellees.

Court of Appeals of Iowa.

June 25, 1992.

Attorney(s) appearing for the Case

David A. O'Brien and Sherry Stenzel, O'Brien, Galvin, Moeller & Neary, Sioux City, for appellants.

James L. Abshier, City Atty., and Timothy A. Scherle, Asst. City Atty., for appellee City of Sioux City.

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and John W. Baty, Asst. Atty. Gen., for appellee Iowa Dept. of Transp.

Heard by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

FACTS

Clarence and Herthel Uhl own a farm located just east of the city limits of Sioux City, Iowa. On September 5, 1972, the City of Sioux City and the Iowa State Highway Commission signed a Pre-Design Project Agreement concerning the Interstate 520 by-pass which was to be built between U.S. Highway 20 and Interstate 29. The 520 bypass would cut across Uhls' property, thereby dividing it in two...

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