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.
Appellant
TSB Holdings, L.L.C. and 911 N. Governor, L.L.C.
Appellee
City of Iowa City, Iowa
Attorneys for the Appellant
James W. Affeldt
Charles A. Meardon
Attorneys for the Appellee
Elizabeth J. Craig
Sara Greenwood Hektoen
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 06, 2018 9:00 AM
