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VALDIVIA v. CITY OF VILLISCA

Civil No. 1:99-CV-30053.

460 F.Supp.2d 978 (2001)

Miguel Romero VALDIVIA and Alleyne Maxine Valdivia, Plaintiffs, v. CITY OF VILLISCA, a municipal corporation, Warren Chapman, individually and in his official capacity as Mayor, Tom McAlpin, Helen Lowe, Janice Phillis, Andy Crussel, individually and in their official capacity as members of the Villisca City Council, Josiah C. Wearin, individually and in his official capacity as attorney for the City of Villisca, Defendants.

United States District Court, S.D. Iowa, Western Division.

August 1, 2001.

Attorney(s) appearing for the Case

Eric Kenyatta Parrish, Parrish Kruidenier Moss Dunn Boles Gribble & Cook LLP, Des Moines, IA, for Plaintiffs.

Donna Renae Miller, Grefe & Sidney, Des Moines, IA, John Werner, Werner Law Office PLC, Toledo, IA, for Defendants.

RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WALTERS, United States Chief Magistrate Judge.

This matter is before the Court on defendants' motion for summary judgment, filed May 15, 2001. Plaintiffs Miguel1 and Alleyne Valdivia filed their complaint on November 1, 1999, bringing ten claims in four counts. Count I included three claims pursuant to 42 U.S.C. § 1983, alleging an unconstitutional taking of real property...

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