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MAREK v. JOHNSON

No. 19-0759.

958 N.W.2d 172 (2021)

John C. MAREK, Jr., Joelle C. Marek, Jason D. Moats, Amber F. Moats, Lemar D. Fenton, Kimberly R. Fenton, Ben B. Johnson, Mary P. Johnson, Scott M. Pfeiffer, Donna J. Preston, Andrew Grieser, Jesse J. Mullin, Amanda M. Mullin, Scott E. Christofferson, Candy S. Christofferson, Clifford A. Mather, Wendy L. Mather, Phillip C. Buffington, Robyn B. Buffington, Corey S. Strothman, Samantha Strothman, and Prairie Ag Real Estate Holdings, LLC, Appellees/Cross-Appellants, v. Dan JOHNSON and Linda Johnson, Appellants, and The City Development Board of the State of Iowa and Henry County, Iowa, Cross-Appellee.

Supreme Court of Iowa.

Filed April 16, 2021.

Attorney(s) appearing for the Case

Curtis Dial of Law Office of Curtis Dial , Keokuk, for appellants.

Steven E. Ort of Bell, Ort & Liechty, New London, for appellees/cross-appellants.

Thomas J. Miller , Attorney General, and Emily Willits and Alan Nagel , Assistant Attorneys General, for cross-appellee City Development Board.

Mansfield, J., delivered the opinion of the court, in which all justices joined.

This case arises out of the discontinuance of the City of Mt. Union. There was a certain irony in the name of this municipality. The "city" had only 107 people; there was no "mountain"; and, as this case reveals, there was not much "union" in this divided community.

After the city had been discontinued, two of its former...

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