DAHLEN v. SHELTER HOUSE

No. 09-1909.

598 F.3d 1007 (2010)

Michael DAHLEN; Janet Dahlen; Michael McNiel, Appellants, v. SHELTER HOUSE; Iowa City Board of Adjustment; Iowa City, Iowa; Iowa City Planning and Zoning Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2010.


Attorney(s) appearing for the Case

Gregg Geerdes, argued, Iowa City, IA, for appellants.

Sarah Eleanor Holecek, argued, Iowa City, IA, for appellees.

Before GRUENDER and SHEPHERD, Circuit Judges, and LANGE, District Judge.


GRUENDER, Circuit Judge.

This case is the latest front in the protracted legal battle over a homeless shelter that appellee Shelter House plans to build on a plot of land adjacent to the Dahlens' property in Iowa City, Iowa. Michael and Janet Dahlen, along with Michael McNiel ("the Dahlens"), brought suit under 42 U.S.C. § 1983, claiming a violation of the Fifth Amendment's Takings Clause and requesting damages as well...

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