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IOWA ASSUR. CORP. v. CITY OF INDIANOLA, IOWA

No. 10-3815.

650 F.3d 1094 (2011)

IOWA ASSURANCE CORPORATION; Ron's Automotive, LC; Ronald L. Inman, III; Vinton Philip Watson; Judith Ann Watson, Plaintiffs-Appellants, v. CITY OF INDIANOLA, IOWA; Bob Kreamer; Randy Gathers; Shirley Clark; Pete Berry; Steve Richardson; Mark Victory, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2011.

Attorney(s) appearing for the Case

Carlton G. Salmons , argued, West Des Moines, IA, for appellants.

Hugh James Cain , argued, Michelle Rene Rodemyer , on the brief, Des Moines, IA, for appellees.

Before BYE and MELLOY, Circuit Judges, and ERICKSEN, District Judge.

MELLOY, Circuit Judge.

The City of Indianola ("City") adopted a land-use ordinance requiring the enclosure of "figure eight cars," among other racing vehicles, when two or more such cars are present. Iowa Assurance Corporation and its co-plaintiffs (collectively referred to as "Watson") sued the City, arguing that the ordinance creates an uncompensated regulatory taking in violation of the Fifth and Fourteenth Amendments. After a bench trial, the district court

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