BURNHAM v. CITY OF WEST DES MOINES

No. 96-799.

568 N.W.2d 808 (1997)

Clifton BURNHAM, Appellant, v. The CITY OF WEST DES MOINES, Appellee.

Supreme Court of Iowa.

September 17, 1997.


Attorney(s) appearing for the Case

R. Mathieson Duncan of Duncan, Green, Brown, Langeness & Eckley, P.C., Des Moines, for appellant.

Jeffrey L. Goodman of Shearer, Templer & Pingel, P.C., West Des Moines, for appellee.

Considered by HARRIS, P.J., and CARTER, ANDREASEN, TERNUS, and SCHULTZ, JJ.


TERNUS, Justice.

Appellant Clifton Burnham appealed a condemnation award to the district court, but failed to serve the sheriff with notice of the appeal. Construing Iowa Code section 6B.18 (1995) as requiring service on the sheriff to perfect an appeal, the district court dismissed Burnham's petition for review of the award. We affirm.

I. Background Facts and Proceedings. Appellee, the City of West Des Moines, condemned a portion of Burnham's property...

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