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CERRO GORDO HOTEL v. CITY OF MASON CITY

No. 92-988.

505 N.W.2d 509 (1993)

CERRO GORDO HOTEL COMPANY, Appellant, v. The CITY OF MASON CITY, Iowa, A Municipal Corporation, Stanley C. Romans, Charles McGreevey, Jon S. Ewing, and Bob McKiness Excavating & Grading, Inc., An Iowa Corporation, Appellees.

Court of Appeals of Iowa.

June 29, 1993.

Attorney(s) appearing for the Case

Michael A. Smith of Landry, Butler & Smith, P.C., Eldora, for appellant.

Herman P. Folkers, City Atty., for Mason City appellees.

Walter C. Schroeder of Schroeder & Anderson, Mason City, for appellee Bob McKiness Excavating & Grading, Inc.

Heard by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ., but decided en banc.

HAYDEN, Judge.

This case arises from defendants' demolition of two adjacent buildings owned by Plaintiff Cerro Gordo Hotel Company (Cerro Gordo). The two buildings, the Park 70 Theater and Eadmar Hotel, were located in Mason City. The buildings had been in a state of disrepair prior to June 1988. An earlier nuisance action brought by the city of Mason City against Cerro Gordo had resulted in a stipulation between the parties. They agreed Cerro Gordo had to take down...

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