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KELLEY v. STORY COUNTY SHERIFF

No. 98-0030.

611 N.W.2d 475 (2000)

Jim KELLEY, Appellant, v. STORY COUNTY SHERIFF, Story County, Appellees.

Supreme Court of Iowa.

June 1, 2000.

Attorney(s) appearing for the Case

Stephen Howell of Newbrough, Johnston, Brewer, Maddux & Krauth, L.L.P., Ames, for appellant.

C. Roderick Reynolds, Assistant County Attorney, for appellees.

Considered en banc.

McGIVERIN, Chief Justice.

The main question here is whether damage to private property caused by law enforcement officers while executing an arrest warrant is a taking of private property under article I, section 18 of the Iowa Constitution, triggering the property owner's right to compensation. In a small claims action brought by plaintiff property owner, Jim Kelley, against defendants Story County and the Story County sheriff, the district court judge concluded...

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