DEN HARTOG v. CITY OF WATERLOO

No. 13-0204.

847 N.W.2d 459 (2014)

Tunis E. DEN HARTOG, Shirley Ann Schweertman, Leonard G. Lybbert, James Edward Schuman, Michael J. Mac, Mary Ellen Molinaro, William James Robert, and Mark D. Fisher, Appellants, v. CITY OF WATERLOO, Appellee.

Supreme Court of Iowa.

May 30, 2014.


Attorney(s) appearing for the Case

David R. Nagle , Waterloo, for appellants.

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


HECHT, Justice.

A municipality agreed to transfer to a residential developer land originally acquired for use as a road right-of-way. Taxpayers challenged in this civil action the legality of the proposed transfer, contending the municipality failed to follow statutory procedures for the sale of unused right-of-way. The district court interpreted the relevant statute, concluded the property in question was not unused right-of-way, and dismissed the case. Upon appellate...

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