FENNELLY v. A-1 MACHINE & TOOL CO.

No. 04-1232.

728 N.W.2d 163 (2006)

Bill FENNELLY, Scott County Treasurer, Appellant, v. A-1 MACHINE & TOOL CO., Appellee.

Supreme Court of Iowa.

Rehearing Denied February 22, 2007.


Attorney(s) appearing for the Case

Thomas C. Fritzsche, Assistant County Attorney, for appellant.

John T. Flynn of Brubaker, Flynn & Darland, P.C., Davenport, for appellee.


CADY, Justice.

In this appeal, we must primarily decide if an action by a county treasurer to collect delinquent property taxes is subject to the statute of limitations, and if a tax sale certificate is a condition precedent to such an action when the parcels for which taxes are delinquent consist of machinery and equipment. The district court granted summary judgment to the taxpayer, and the treasurer appealed. Upon our review, we conclude the action is not barred...

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