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Case No. 21-0765

For summaries from opinions prior to August, 2018, view PDF versions here

Cornbelt Running Club
v.
City of Riverdale

Appellant

Cornbelt Running Club

Appellee

City of Riverdale

Attorneys for Appellant

John T. Flynn

Attorneys for Appellee

Paul L. Macek

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0765
Date Published:
Mar 02, 2022
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.

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