Real Estate: Eminent Domain, Case Dismissed

Posted on Dec 17, 2013

No. 12-1722  [3-961] 

APPEAL DISMISSED. 

SELECT AUTO GROUP, INC. v. CITY OF CEDAR RAPIDS, IOWA  

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  Heard by Doyle, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (5 pages)  

            Select Auto Group appeals the district court ruling declining to issue a writ of mandamus.  Select Auto argues the district court erred in: finding they did not have a right to challenge the City of Cedar Rapids's use of eminent domain authority, failing to properly apply case law, finding Select Auto Group had waived its right to just compensation, determining the City provided constitutionally adequate notice, and determining the City did not strictly comply with eminent domain procedures.  OPINION HOLDS: During the pendency of this appeal, the City abandoned the condemnation proceedings rendering the issues presented in this appeal moot.  We dismiss the appeal.

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death