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KRAGNES v. CITY OF DES MOINES

No. 06-0026.

714 N.W.2d 632 (2006)

Lisa KRAGNES, Appellee, v. CITY OF DES MOINES, Iowa, Appellant.

Supreme Court of Iowa.

May 26, 2006.

Attorney(s) appearing for the Case

Mark Godwin, Deputy City Attorney, Des Moines, for appellant.

Bradley P. Schroeder of Hartung & Schroeder, Des Moines, for appellee.

Terrence L. Timmons, Des Moines, for amicus curiae Iowa League of Cities.

Ivan T. Webber and James R. Wainwright of Ahlers & Cooney, P.C., Des Moines, for amici curiae Cities of Sioux City, Dubuque, Early, Oskaloosa, Manchester, Algona, and West Des Moines.

John V. Donnelly of Sullivan & Ward, P.C., West Des Moines, for amicus curiae Iowa Association of Electric Cooperatives.

WIGGINS, Justice.

A citizen of the city of Des Moines brought an action against the city alleging the franchise fees the city assessed in its franchise agreements for gas and electric power services are illegal taxes. Both parties moved for summary judgment on this issue. The district court found the franchise fees were illegal taxes and enjoined the city from collecting the fees. Although we continue to adhere to our view that any franchise fee charged by a city...

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