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VALLEY BROOK DEVELOPMENT, INC. v. CITY OF BETTENDORF

No. 97-861.

580 N.W.2d 730 (1998)

VALLEY BROOK DEVELOPMENT, INC., an Iowa Corporation, and James W. Hall and Carolyn B. Hall, Appellants, v. The CITY OF BETTENDORF, Iowa, an Iowa Municipal Corporation, Appellee.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

Charles W. Brooke of Brooke & O'Brien, P.L.C., Davenport, for appellants.

Gregory S. Jager, City Attorney, Bettendorf, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, SNELL, and ANDREASEN, JJ.

HARRIS, Justice.

Plaintiffs, real estate developers, appeal from the district court's refusal to order the defendant city to return monies prepaid for road development. We affirm.

In 1988, the defendant City of Bettendorf passed ordinance number 6-88. The ordinance empowered the city to assess real estate developers for the cost of paving public streets immediately adjacent to their subdivision. The city, at its option, can require developers to either pave...

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