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MADDEN v. CITY OF ELDRIDGE

No. 02-0604.

661 N.W.2d 134 (2003)

Robert J. MADDEN and Rebecca A. Stutt, Co-Executors of the Estate of Eleanor L. Madden, Deceased, Appellants, v. CITY OF ELDRIDGE, Iowa, Appellee.

Supreme Court of Iowa.

May 7, 2003.

Attorney(s) appearing for the Case

Bradley L. Norton and Brian T. Fairfield of Norton & Norton, Lowden, for appellants.

Michael C. Walker of Hopkins & Huebner, Davenport, for appellee.

STREIT, Justice.

Twenty-four years after an apartment building was constructed, the ceiling of one apartment collapsed, killing a tenant. The estate sued the City of Eldridge claiming it failed to properly inspect the building and failed to enforce the Uniform Building Code when the building was constructed in 1975, resulting in the tenant's death. The district court found the city was immune because its actions were protected by the discretionary function immunity...

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