CITY OF DES MOINES v. HOUSBY-MACK, INC.

No. 02-1998.

687 N.W.2d 551 (2004)

CITY OF DES MOINES, Appellant, v. HOUSBY-MACK, INC. and A Development Company, Inc., Appellees.

Supreme Court of Iowa.

Rehearing Denied October 22, 2004.


Attorney(s) appearing for the Case

Susan A. Low, Des Moines, for appellant.

Daniel L. Manning of Connolly, O'Malley, Lillis, Hansen & Olson, L.L.P., Des Moines, for appellees.


PER CURIAM.

The appeal in this spirited condemnation case is unusual in that the parties cannot agree even on a list of issues. The City of Des Moines, the condemning authority, complains that its theories about the ownership of the condemned property were not correctly submitted to the jury. Those interested in the property contend that no theory concerning ownership should have been submitted. We reverse and remand.

Housby-Mack, Inc. (Housby) buys, sells...

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