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McMURRAY v. CITY COUNCIL OF DES MOINES

No. 01-0701.

642 N.W.2d 273 (2002)

Michael P. McMURRAY, Bobbye J. McMurray, Valley West DM, an Iowa Limited Partnership, and Merle Hay Mall, an Iowa Limited Partnership, Appellants, v. The CITY COUNCIL OF THE CITY OF WEST DES MOINES, Iowa, and the City of West Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied March 26, 2002.

Attorney(s) appearing for the Case

William J. Koehn, Sharon K. Malheiro and Deborah M. Tharnish of Davis, Brown,

Koehn, Shors & Roberts, P.C., Des Moines, for appellants.

Edward W. Remsburg, Ivan T. Webber and Nathan J. Overberg of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellees.

STREIT, Justice.

A group of taxpayers argue the City of West Des Moines incorrectly used its powers under the urban renewal statute to create an urban renewal plan including projects to facilitate various public infrastructure improvements.1 Opponents argue the designation of an urban renewal area in this case is for the sole purpose of allowing a private developer to construct a $150,000,000 shopping mall. They challenged the urban renewal...

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