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BORLAUG v. CITY OF CEDAR FALLS

No. 05-0847.

710 N.W.2d 541 (2006)

Jonathan BORLAUG, Plaintiff-Appellant, v. The CITY OF CEDAR FALLS, Iowa, and Black Hawk County, Iowa, Defendants-Appellees.

Court of Appeals of Iowa.

January 19, 2006.

Attorney(s) appearing for the Case

Bruce J. Toenjes of Nelson & Toenjes, Shell Rock, for appellant.

Bruce L. Gettman, Jr., and Michael J. Miller of Redfern, Mason, Dieter, Larsen & Moore, P.L.C., Cedar Falls, for appellee City.

John T. McCoy of Yagla, McCoy & Riley, P.L.C., Waterloo, for appellee County.

Considered by SACKETT, C.J., and VOGEL and EISENHAUER, JJ.

EISENHAUER, J.

The core question presented by this appeal is whether Black Hawk County and the City of Cedar Falls may be liable for enforcing a temporary no-contact order entered in a criminal domestic assault case. Jonathan Borlaug contends the enforcement of the order constituted a taking of private property entitling the property owner to compensation. The district court entered summary judgment in favor of the city and the county, and we affirm.

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