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EAST OAKS DEVELOPMENT, INC. v. DOT

No. 97-2219.

603 N.W.2d 566 (1999)

EAST OAKS DEVELOPMENT, INC., Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee, Funtime Rentals, Inc. and Parks Marina, Inc., City of Okoboji and City of Arnolds Park, Intervenors.

Supreme Court of Iowa.

December 22, 1999.

Attorney(s) appearing for the Case

John G. Martens of Terrill & Martens Law Offices, Ames, for appellant.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Kerry Anderson, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, CADY, and ANDREASEN, JJ.

CARTER, Justice.

East Oaks Development, Inc. (East Oaks), the plaintiff in the district court, appeals from the denial of injunctive relief in connection with its challenge to the authority of the appellee, Iowa Department of Transportation (DOT), to condemn a portion of East Oaks' lands. The intervenors Funtime Rentals, Inc. and Parks Marina, Inc. are aligned with the appellant. The intervenors City of Okoboji and City of Arnolds Park are aligned with the appellee...

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