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BLUMENTHAL INV. v. CITY OF DES MOINES

No. 99-1458.

636 N.W.2d 255 (2001)

BLUMENTHAL INVESTMENT TRUSTS, an Iowa Partnership, Appellant, v. The CITY OF WEST DES MOINES, Iowa, Appellee.

Supreme Court of Iowa.

November 15, 2001.

Attorney(s) appearing for the Case

Thomas D. Hanson and Barry A. Russell of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellant.

Lee H. Gaudineer of Gaudineer & Comito, L.L.P., Des Moines, and Ivan Webber of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellee.

TERNUS, Justice.

The appellant, Blumenthal Investment Trusts [hereinafter "the Trust"], sued the appellee, the City of West Des Moines, Iowa for injunctive relief and money damages after the City placed unacceptable conditions on a plat approval sought by the Trust. The case was tried to the court, which resulted in a ruling in favor of the City. The Trust appeals. We affirm.

I. Standard of Review.

Our scope of review depends on how the case...

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