KOLB v. CITY OF STORM LAKE

No. 06-0067.

736 N.W.2d 546 (2007)

Norman J. KOLB, Trustee of the Robert James Kolb Memorial Trust, Appellee, v. CITY OF STORM LAKE, Iowa, Appellant.

Supreme Court of Iowa.

July 27, 2007.


Attorney(s) appearing for the Case

Ivan T. Webber of Ahlers & Cooney, P.C., Des Moines, for appellant.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellee.


CADY, Justice.

In this case a charitable trust was established by an altruistic and benevolent family to maintain a flower garden at a designated location in a city park for the enjoyment of the public in the memory of a family member whose young life was tragically cut short. We must decide whether the trust may be modified under Iowa Code section 633A.5102 (2007) to permit expenditures by the trust to maintain the garden at a different location in the park, after...

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