DeJONG v. SIOUX CENTER, IOWA

Nos. 97-3900, 97-4015.

168 F.3d 1115 (1999)

James DeJONG, Sr.; James DeJong, Jr., Appellees/Cross-Appellants, v. SIOUX CENTER, IOWA, Appellants/Cross-Appellees, Cotter & Company, Objector.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1999.


Attorney(s) appearing for the Case

Michael R. Hellige, Sioux City, IA, argued, for Appellant.

Michael W. Ellwanger, Sioux City, IA, argued, for Appellee.

Before: BEAM and LAY, Circuit Judges, and SIPPEL, District Judge.


BEAM, Circuit Judge.

James DeJong, Sr. and his son, James DeJong, Jr., leased space and opened a hardware store in a new city-owned shopping center. Although the DeJongs opened their store, the rest of the shopping center remained under construction for the next eight months, resulting in low customer traffic and low sales. The DeJongs lost money and had to close the store. They subsequently sued the city of Sioux Center (the City) for their losses. A jury awarded...

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