SCREENING STATEMENT

 

No. 08-1200

 

Dubuque County No. LACV055213

 

 

ROBERT E. SABERS and

CATHY SABERS,

          Plaintiffs-Appellants,

 

vs.

 

CALLAHAN CONSTRUCTION, INC.,

          Defendant,

 

and the CITY OF DUBUQUE,

          Defendant-Appellee.

 

Trial Judge:          John Bauercamper

 

Appellate Counsel:

          Thomas L. Staack and Carolyn A. Rafferty of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellants.

 

          Les V. Reddick of Kane, Norby & Reddick, P.C., Dubuque, for appellee.

 

Trial Counsel:

          Thomas L. Staack and Farl J. Greene of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellants. 

 

          Appellate counsel for appellee.

 

          Michael J. Coyle of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for Callahan Construction. 

 

Trial judgment date: 7-2-08

 

Ready date: 3-30-09

 

Case context: Plaintiffs, who brought a negligence action against City alleging that its failure to maintain the shoulder of a road resulted in plaintiff's accident, obtained an interlocutory appeal from a summary judgment entered in favor of the City. The district court ruled that, because the City's annexation of the area had been ruled invalid at the time of the accident and the appeal was not yet decided, pursuant to Iowa Code section 368.20(2)(2007) the annexation was not complete and the City could not be liable for failing to maintain the roadway.  Plaintiffs contend the court erred and the City was responsible for the area because: (1) the annexation was voluntary in nature and pursuant to Iowa Code section 368.7(3) was complete when approved by the Development Board, rather than at the time it was ultimately upheld on appeal; and (2) even if the annexation was not complete, the City was voluntarily providing road maintenance services to the area during the appeal.