GRAY v. CITY OF INDIANOLA

No. 09-1147.

797 N.W.2d 112 (2011)

Phillip GRAY, Linda Gray, Randall Ingram, Loren Meyer, Linda Meints-Meyer, Dennis Ripperger, Mary Ripperger, Lucille Mae Sindric, James Steffen, and Tracy Steffen, Appellees, v. CITY OF INDIANOLA, Iowa, Appellant.

Supreme Court of Iowa.

May 6, 2011.


Attorney(s) appearing for the Case

Ivan T. Webber and James R. Wainwright of Ahlers & Cooney, P.C., Des Moines, for appellant.

Joseph A. Happe and Jason T. Farley of Huber, Book, Cortese, Happe & Lanz, P.L.C., West Des Moines, for appellees.

Terrence L. Timmins , Des Moines , and Amy S. Beattie of Brick Gentry, P.C., West Des Moines, for amicus curiae Iowa League of Cities.

Amy S. Beattie of Brick Gentry, P.C., West Des Moines, for amicus curiae American Council of Engineering Companies of Iowa and Iowa Engineering Society.


HECHT, Justice.

Several property owners sued the city of Indianola challenging the special assessments levied for paving a gravel road abutting their property and installing a sidewalk. The district court found the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments. The city appealed. We affirm in part, reverse in part, and remand for further proceedings.

I. Factual and Procedural Background...

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