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Case No. 21-1117

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

Michael McKee and Diane McKee
v.
City of Council Bluffs, Iowa

Appellant

Michael McKee and Diane McKee

Appellee

City of Council Bluffs, Iowa

Attorneys for Appellant

Dane J. Schumann and Steven P. Wandro

Attorneys for 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. 

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