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COMES v. CITY OF ATLANTIC

No. 98-389.

601 N.W.2d 93 (1999)

James COMES, Appellee, v. CITY OF ATLANTIC, Iowa, Appellant.

Supreme Court of Iowa.

October 13, 1999.

Attorney(s) appearing for the Case

James Van Ginkel of Van Ginkel & Van Ginkel Law Office, Atlantic, and Ronald W. Feilmeyer of Cambridge, Feilmeyer, Landsness, Chase & Jones, P.L.C., Atlantic, for appellant.

Deborah L. Petersen of Reilly, Petersen & Hannan, P.L.C., Council Bluffs, for appellee.

Considered by McGiverin, C.J., and LARSON, NEUMAN, SNELL, and TERNUS, JJ.

TERNUS, Justice.

The plaintiff, James Comes, owns property that adjoins the City of Atlantic's airport. Concerned that the City would prematurely condemn a portion of his land for a proposed expansion of the airport, he instituted this action seeking an injunction against the City's condemnation of his property until the City had obtained all the approvals, permits, and funding required for the project. After trial, the district court entered a permanent injunction...

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