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GOODENOW v. CITY COUNCIL

No. 96-1626.

574 N.W.2d 18 (1998)

J.E. GOODENOW, individually, and John E. Goodenow, IV, and Marla I. Koob, Trustees of the Goodenow Family Trust, Appellants, v. CITY COUNCIL OF MAQUOKETA, IOWA, Dennis Storlie, James Peterman, Darrell Rettig, N.J. (Jim) Rankin, Thomas Schueller, Weotha Hinz, Randy Reed and the City of Maquoketa, Iowa, Appellees.

Supreme Court of Iowa.

January 21, 1998.

Attorney(s) appearing for the Case

Steven J. Kahler and Pressley W. Henningsen of Schoenthaler, Roberg, Bartelt & Kahler, Maquoketa, for appellants.

Mike Kane, City Attorney, Maquoketa, for appellees.

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

McGIVERIN, Chief Justice.

In this case, we must determine whether a city has authority to enact and enforce an ordinance requiring an abutting landowner to mow grass and weeds growing in a city-owned right-of-way. The district court concluded that a city has such authority and granted summary judgment in favor of the defendant city, thereby dismissing plaintiff landowner's petition challenging such authority. We affirm.

I. Background facts and proceedings...

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