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HOME BUILDERS ASS'N v. WEST DES MOINES

Nos. 99-2025, 00-0351.

644 N.W.2d 339 (2002)

HOME BUILDERS ASSOCIATION OF GREATER DES MOINES, Appellee, v. CITY OF WEST DES MOINES, Appellant.

Supreme Court of Iowa.

As Amended May 31, 2002.

Attorney(s) appearing for the Case

Ivan T. Webber of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellant.

Brent R. Appel of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for appellee.

William F. Sueppel of Meardon, Sueppel & Downer, P.L.C., of Iowa City, for amicus curiae, Iowa League of Cities.

TERNUS, Justice.

The appellee, Home Builders Association of Greater Des Moines, challenges the collection of fees by the appellant, City of West Des Moines, Iowa, pursuant to the City's Mandatory Park Dedication Fee Ordinance.1 The challenged fees are imposed on land developers and builders and are used by the City to pay for its neighborhood park system. The trial court declared that the fees...

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