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BERNAU v. IOWA DEPT. OF TRANSP.

No. 96-1593.

580 N.W.2d 757 (1998)

James BERNAU, Mary Bernau, Carlisle Beekman, Lorraine Beekman, Richard Laube, Judy Laube, Merlin Stock, Cheryl Stock, Gary Bernau, Patricia Bernau, David Bernau, and Jolene Bernau, Appellants, v. IOWA DEPARTMENT OF TRANSPORTATION, The Iowa Transportation Commission, Catherine Dunn, Chairperson, Lloyd E. Clark, Commissioner, Janice Johnson, Commissioner, Richard Pellet, Commissioner, Bonnie Vetter, Commissioner, Marlin Volz, Jr., Commissioner, and Daniel Wiedemeier, Commissioner, Appellees.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

Richard A. Pundt and David J. Smith of Pundt Law Offices, Cedar Rapids, for appellants.

Thomas J. Miller, Attorney General, David Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellees.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, ANDREASEN, and TERNUS, JJ.

LAVORATO, Justice.

In this judicial review proceeding, affected property owners and renters appeal from a district court ruling that affirmed a decision of the Iowa Transportation Commission (commission) to select a certain route for the U.S. Highway 218 Charles City bypass. The property owners and renters contend that the commission decision violates Iowa Code section 306.9 (1993). They also challenge the Iowa Department of Transportation's (IDOT) refusal to hold...

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