Goodman v. City of Le Claire

LAVORATO, Justice.

The city of Le Claire, Iowa appeals from an adverse jury verdict rendered in favor of Gary A. Goodman, d/b/a Goodman Construction. Goodman alleged that the city was negligent in excavating dirt and waste material on his property, declaring the same a nuisance, removing both the dirt and waste material from his property, and charging him costs for doing so. The issue on appeal is whether the specifications of negligence Goodman alleged against the city fall within the discretionary function exception of Iowa Code section 670.4(3) (1993). We hold that they do and for that…