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Castle Gate Homeowners' Association
v.
K & L Properties, LLC
Appellant
Castle Gate Homeowners' Association
Appellee
K & L Properties, LLC
Attorney for the Appellant
Sabrina Sayler
Attorneys for the Appellee
Richard H. Moeller
Daniel M. Strawhun
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. AFFIRMED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (12 pages)
A petitioner-condemnee appeals an adverse grant of summary judgment on its petition for judicial review of eminent domain authority on the basis that its petition was untimely following sufficient notice. OPINION HOLDS: We conclude the condemnor substantially complied with the notice of assessment required under Iowa Code section 6B.8 (2021). Because the condemnee’s petition for judicial review was filed more than thirty days after that notice was served, we agree with the district court the petition was untimely under section 6A.24(1).
