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Case No. 15-2143

Wilma Jean Kellogg
City of Albia, Iowa

The appellee seeks further review of the court of appeals decision reversing in part the district court order granting summary judgment on the basis of municipal liability provided in Iowa Code section 670.4(1)(h). The appellee contends the court of appeals incorrectly created an exception to the statutory state-of-the-art defense provided in the Municipal Tort Claims Act. The appellee further argues that the court of appeals erred in failing to find the appellee immune from the nuisance and abatement claims under section 670.4(1)(h) and in failing to find the claims barred under the statute of limitations.

Trial Court Case No.:


Wilma Jean Kellogg


City of Albia, Iowa

Attorneys for the Resister

Zachary C. Priebe
Jeffrey S. Carter

Attorneys for the Applicant

Sarah E. Crane
Michael C. Richards

Supreme Court

Oral Argument Schedule


Oct 17, 2017 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Mar 09, 2018
Date Amended:
May 21, 2018

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 08, 2017

Other Information

Date Further Review is Granted:
Jun 28, 2017

View archived opinions from prior to November 2017

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