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26TH & E.P. TRUE v. CITY OF WEST DES MOINES

No. 99-0079.

638 N.W.2d 742 (2002)

26TH AND E.P. TRUE, L.C., an Iowa Limited Liability Company, Appellee, v. Carleton D. Beh Trust and Carleton D. Beh, Jr., Trustee, Appellees, and CITY OF WEST DES MOINES, IOWA, a Municipal Corporation, Appellant.

Supreme Court of Iowa.

January 24, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Goodman and Robert K. DuPuy of Pingel & Templer, P.C., West Des Moines, for appellant.

David J. Darrell and E. Ralph Walker of the Walker Law Firm, P.C., Des Moines, for appellee 26th & E.P. True.

David A. Tank and Amy C. Churchill of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellees Beh Trust and Carleton D. Beh, Jr.

PER CURIAM.

The buyer and seller of a parcel of real estate in West Des Moines, acting on the alleged promises of city authorities that access to a particular street would be granted, entered into a contract for the sale and purchase of the property. When the city refused access to this street, this litigation ensued. The buyer sued the seller for rescission of the contract and for damages. The seller, in turn, sued the city as a third-party defendant.

The...

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