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WATER DEV. CO. v. BD. OF WATER WORKS

No. 91-554.

488 N.W.2d 158 (1992)

WATER DEVELOPMENT COMPANY, Appellant, v. BOARD OF WATER WORKS Trustees of the City of Des Moines, Iowa, and City of Des Moines, Appellees.

Supreme Court of Iowa.

June 17, 1992.

Attorney(s) appearing for the Case

Thomas T. Tarbox of Smith, Schneider, Stiles, Mumford, Schrage, Zurek, Wimer & Hudson, P.C., Des Moines, for appellant.

John R. Mackaman and Thomas W. Andrews of Dickinson, Throckmorton, Parker, Mannheimer & Raife, P.C., Des Moines, for appellee Bd. of Water Works Trustees of City of Des Moines.

Bruce E. Bergman, Des Moines, for appellee City of Des Moines.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ, and CARTER, JJ.

LARSON, Justice.

When the City of Des Moines annexed part of Polk County southwest of the city in 1988, the residents of the area were being served by the Water Development Company (WDC), a private corporation. Soon after the annexation, the Des Moines Water Works replaced WDC as sole supplier of water for the area. WDC sued the Board of Water Works Trustees and the City of Des Moines (the water works) on theories of inverse condemnation, intentional interference...

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