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KINGSWAY CATHEDRAL v. DEPT. OF TRANSP.

No. 03-2066.

711 N.W.2d 6 (2006)

KINGSWAY CATHEDRAL, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION and City of Des Moines, Iowa, Appellants.

Supreme Court of Iowa.

Rehearing Denied March 30, 2006.

Attorney(s) appearing for the Case

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

Stephen D. Hardy and Lisa R. Perdue of Grefe & Sidney, P.L.C., Des Moines, for appellant Iowa Department of Transportation.

Theodore F. Sporer and Glenna K. Frank of Sporer & Ilic, P.C., Des Moines, for appellee.

LAVORATO, Chief Justice.

The defendants, the Iowa Department of Transportation (IDOT) and the City of Des Moines (City), sought interlocutory appeal from a district court ruling denying their motions to dismiss a recasted petition filed by the plaintiff, Kingsway Cathedral (Kingsway), for inverse condemnation. Kingsway alleged that work on two construction projects over which the IDOT and the City have jurisdiction and control produced vibrations that caused damage...

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