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BAHL v. CITY OF ASBURY

No. 01-1355.

656 N.W.2d 336 (2002)

Martin J. BAHL, Linda C. Bahl, and Terrence G. Bahl, Appellees, v. The CITY OF ASBURY, Iowa and the City Council of the City of Asbury, Iowa, Appellants.

Supreme Court of Iowa.

Rehearing Denied February 7, 2003.

Attorney(s) appearing for the Case

Stephen J. Juergens of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellants.

Brian J. Kane of Kane, Norby & Reddick, P.C., Dubuque, for appellees.

TERNUS, Justice.

The determinative issue in this case is one of statutory interpretation: does Iowa Code section 414.28A (1999) require that a city treat land-leased communities of manufactured housing the same as similar communities of site-built housing or does this statute merely require that a city allow land-leased communities of manufactured housing somewhere within the city limits? The district court held that section 414.28A requires equal treatment of manufactured...

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