CITY OF MONROE v. NICOL

No. 16-1155.

898 N.W.2d 899 (2017)

CITY OF MONROE, Plaintiff-Appellee, v. Dustin M. NICOL and Michelle R. Street, Defendants-Appellants.

Court of Appeals of Iowa.

Filed May 3, 2017.


Attorney(s) appearing for the Case

Roger J. Hudson II of R.J. Hudson Law Firm, P.C., West Des Moines , and Justin Anthony Montello of J. Montello Law P.L.L.C., West Des Moines, for appellants.

Gilbert R. Caldwell III of Caldwell, Brierly, Chalupa & Nuzum, P.L.L.C., Newton, for appellee.

Considered by Potterfield, P.J., and Doyle and Tabor, JJ.


Dustin Nicol and Michelle Street appeal the order awarding title to their property, which the trial court deemed abandoned, to the City of Monroe (City) pursuant to Iowa Code section 657A.10A(5) (2016). They challenge the statute, arguing it allows an unconstitutional taking of property...

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