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Case No. 19-0756

Sadusky v. Lake Creek

Gaylerd A. Sadusky Trust, Gaylerd A. Sadusky, Trustee and Gaylerd A. Sadusky, individually,

Plaintiffs-Appellants,

vs.

Lake Creek Area Sanitary Sewer District, a Corporate and Body Politic,

Defendants-Appellees,

and

The Buena Vista County Board of Supervisors,

Defendant.

Attorney for Appellants

Matthew G. Sease

Attorney for Appellees

Brett C. Redenbaugh

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0756
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Buena Vista County, David A. Lester, Judge.  REVERSED AND REMANDED. Considered by Bower, C.J., and Doyle and May, JJ.  Opinion by Bower, C.J.  (12 pages)

            Plaintiffs appeal from summary judgment granted to Lake Creek Area Sanitary Sewer District.  OPINION HOLDS: Because there is a question whether the statutorily-required notice was given, which must be determined by the fact finder, the district court erred in granting summary judgment to the Sewer District.  In addition, because the question remains whether the Sewer District had jurisdiction as to Sadusky, summary judgment on Sadusky’s claim that an excessive assessment was imposed and whether Sadusky received a benefit are also set aside.  We reverse and remand for further proceedings. 

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