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HARMS v. CITY OF SIBLEY

No. 03-0728.

702 N.W.2d 91 (2005)

Kenneth HARMS and Myrna Harms, Husband and Wife, Appellees, v. The CITY OF SIBLEY, A Municipal Corp., Appellant, and Joe's Ready Mix, Inc., An Iowa Corp., and Arlon Sandbulte, Appellants, Joe's Ready Mix, Inc. and Arlon Sandbulte, Appellants, v. The City Of Sibley, Appellee.

Supreme Court of Iowa.

August 12, 2005.

Attorney(s) appearing for the Case

G. Daniel Gildemeister of Gildemeister & Keane, L.L.P., Sioux City, for appellant City of Sibley.

Bradley K. De Jong and Michael J. Jacobsma of Klay, Veldhuizen, Bindner, De Jong & Jacobsma, P.L.C., Orange City, for appellees Kenneth Harms and Myrna Harms.

Lloyd W. Bierma of Oostra & Bierma, P.L.C., Sioux Center, for appellants Joe's Ready Mix, Inc. and Arlon Sandbulte.

LAVORATO, Chief Justice.

In this inverse condemnation and nuisance case, we consider two issues. First, did the City of Sibley (City) take the property of Kenneth and Myrna Harms (Harms) without the payment of just compensation in violation of federal and state constitutional provisions when the City rezoned property to allow the construction and operation of a ready mix plant in close proximity to the Harms' property? Second, does substantial evidence support a finding...

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