Cornbelt Running Club
v.
City of Riverdale
Appellant
Cornbelt Running Club
Appellee
City of Riverdale
Attorney for the Appellant
John T. Flynn
Attorney for the Appellee
Paul L. Macek
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ. Opinion by Vaitheswaran, P.J. (9 pages)
Cornbelt Running Club appeals the district court’s grant of the City of Riverdale’s motion for summary judgment based on the finding that a paved path on the City’s public right of way does not constitute a “street” for purposes of Iowa Code section 657.2(5) (2020). OPINION HOLDS: The paved path does not constitute a “street” for purposes of section 657.2(5) because the path is not used for vehicular traffic and does not otherwise obstruct or affect the flow of vehicular traffic.
