Sharon K. Nelson G. Jean Connelly John P. Rusinack and Beverly A. Rusinack, Husband and Wife and Lois Johnson v. City of Hampton, Iowa

CADY, Chief Justice.

In this appeal, we must primarily decide whether a city council’s decision to make public improvements within a subdivision renders the city unable to assess the costs of the improvements to landowners when a city ordinance provides for the improvements to be made by the subdivider. 1 The district court determined the city failed to enforce a subdivision ordinance requiring the subdivider to pay for street improvements, but concluded the plaintiffs failed to state a claim upon which relief could be granted because a city cannot be sued for its failure to enforce…