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Legal Opinion

Spencer Shopping Center, Inc. v. City of Spencer

Supreme Court of Iowa

Decided September 19, 1972No. 55031PublishedCited by 7 opinions

1Opinion of the Court

UHLENHOPP, Justice.

We are required here to decide whether a special assessment levied on a shopping center tract for a storm sewer was in accordance with the special benefits conferred.

Spencer Shopping Center, Inc. acquired 16.316 acres of land in Spencer, Iowa, which it improved with buildings having approximately 100,000 square feet of roof, a hard-surfaced parking area of 57,110 square yards, and a smaller grassed area. The soil where the Shopping Center' was built was porous in nature.

A storm sewer district was established which consists of about 385 assessable acres, including the…

2Cases cited5 opinions

  1. Goodell v. City of ClintonSupreme Court of Iowa · 1971
  2. Rood v. City of AmesSupreme Court of Iowa · 1953
  3. Iowa Pipe & Tile Co. v. CallananSupreme Court of Iowa · 1904
  4. Bell v. City of BurlingtonSupreme Court of Iowa · 1912
  5. Diesing v. City of MarshalltownSupreme Court of Iowa · 1925

3Cited by7 opinions

  1. Mulford v. City of Iowa FallsSupreme Court of Iowa · 1974
  2. Simmons v. City of MoscowIdaho Supreme Court · 1986
  3. Milton O. & Phyllis A. Thorson Revocable Estate Trust v. City of West Des MoinesCourt of Appeals of Iowa · 1995
  4. Hawley v. City of Hot SpringsSouth Dakota Supreme Court · 1979
  5. Freeman v. City of WaverlyCourt of Appeals of Iowa · 1998

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