Case No. 15-1373

TSB Holdings, L.L.C. and 911 N. Governor, L.L.C.
v.
City of Iowa City, Iowa

Both parties seek further review after the court of appeals affirmed a district court order granting summary judgment upholding defendant City of Iowa City’s rezoning of plaintiffs’ property, but reversed the district court’s dismissal of plaintiffs’ takings claim. Plaintiffs assert the court of appeals erred in relying on Dakota, Minnesota & Eastern Railroad v. Iowa District Court, 898 N.W.2d 127 (Iowa 2017), to deny their claims for relief where defendant had failed to effectively plead a statute of limitations defense. Plaintiffs also contend the court of appeals erroneously interpreted a prior decision involving the zoning of this property, Kempf v. City of Iowa City, Iowa, 402 N.W.2d 393 (Iowa 1987), and the resulting remand order in that case, to deny their claims. Defendant asserts the court of appeals erred in reversing the dismissal of the alleged takings claim because the district court correctly determined the claim was insufficiently pled.

County:

Johnson

Trial Court Case No.:

CVCV075457 and EQCV075292