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SCHNEIDER v. STATE

No. 07-0887.

789 N.W.2d 138 (2010)

Lyle E. SCHNEIDER, Paul S. Kurtz and Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden and Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane and Debra K. Kane, Mark A. Doepke and Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch d/b/a Rudy's Sales and Service, Paul R. Beem and Stacie L. Beem, David J. Fink and Deb Fink, Davik's Auto Body/Denver Oil Company, Randall-Marta Bender d/b/a Bender Enterprises, Inc., Tommie Brettmann d/b/a Denver Mill, Byron D. Davis and Jane P. Davis, Davis Farm and Auto, Inc., William Buss d/b/a Denver Construction, Inc., and Mike Wooldrik, as Executor of the Estate of Robert Wooldrik, Appellants, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

September 3, 2010.

Attorney(s) appearing for the Case

John J. Hines of Dutton, Braun, Staack, Hellman, P.L.C., Waterloo, for appellants.

Thomas J. Miller , Attorney General, and Robin G. Formaker and Richard E. Mull , Assistant Attorneys General, for appellee.

HECHT, Justice.

Landowners sued the State of Iowa alleging its negligent design and construction of a highway project caused a flood and resulting damages. The State moved for summary judgment asserting the district court lacked subject matter jurisdiction over the claims of some of the plaintiffs who failed to exhaust their administrative remedies and advancing statutory immunities against all of the plaintiffs' claims. The district court granted the motion based...

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