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BEERITE TIRE DISPOSAL v. CITY OF RHODES

No. 01-0394.

646 N.W.2d 857 (2002)

BEERITE TIRE DISPOSAL/RECYCLING, INC., Plaintiff-Appellee, v. CITY OF RHODES, Iowa, Defendant-Appellant.

Court of Appeals of Iowa.

April 24, 2002.

Attorney(s) appearing for the Case

Max Buck, of Grimes, Buck, Schoell & Beach, Marshalltown, for appellant.

Curtis Ward, of Brooks & Ward, Marshalltown, for appellee.

Heard by SACKETT, C.J., and HUITINK and HECHT, JJ.

SACKETT, C.J.

Defendant-appellant City of Rhodes, Iowa, appeals the district court's finding, in response to plaintiff-appellee BeeRite Tire Disposal/Recycling's motion for separate adjudication of law points, that Rhodes City Ordinance 124 was invalid and unenforceable due to implied preemption by the state in the area of tire disposal under Iowa Code chapters 455B and 455D (1999). Defendant claims on appeal that the City of Rhodes was entitled to issue Ordinance...

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