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Case No. 21-1117

Michael McKee and Diane McKee
City of Council Bluffs, Iowa


Michael McKee and Diane McKee


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:
Date Published:
Jun 15, 2022

            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. 

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