Michael McKee and Diane McKee
v.
City of Council Bluffs, Iowa
Appellant
Michael McKee and Diane McKee
Appellee
City of Council Bluffs, Iowa
Attorney for the Appellant
Dane J. Schumann and Steven P. Wandro
Attorney for the Appellee
Sara E. Bauer, Assistant City Attorney
Court of Appeals
Court of Appeals Opinion
Opinion Number:
21-1117
Date Published:
Jun 15, 2022
Summary
Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge. REVERSED AND REMANDED. Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (13 pages)
Michael and Diane McKee appeal the entry of summary judgment on their claims against the City of Council Bluffs for relief relating to cleaning and maintenance of a drainage ditch, private nuisance, and pure nuisance. OPINION HOLDS: We find summary judgment was inappropriate on the bases cited by the district court. We reverse and remand for further proceedings.
