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NELSON v. CITY OF HAMPTON

No. 08-0563.

802 N.W.2d 224 (2011)

Sharon K. NELSON; G. Jean Connelly; John P. Rusinack and Beverly A. 1Rusinack, Husband and Wife; and Lois Johnson, Appellants, v. CITY OF HAMPTON, Iowa, Appellee.

Supreme Court of Iowa.

August 26, 2011.

Attorney(s) appearing for the Case

Raymond P. Drew , Hampton, for appellants.

James R. Wainwright of Ahlers & Cooney, P.C., Des Moines, for appellee.

CADY, Chief Justice.

In this appeal, we must primarily decide whether a city council's decision to make public improvements within a subdivision renders the city unable to assess the costs of the improvements to landowners when a city ordinance provides for the improvements to be made by the subdivider.1 The district court determined the city failed to enforce a subdivision ordinance requiring the subdivider to pay for street improvements...

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