Milton O. & Phyllis A. Thorson Revocable Estate Trust v. City of West Des Moines

CADY, Judge.

This is an appeal by the City of West Des Moines from the district court’s ruling reducing the assessments against various property owners for the costs of a street paving project. On our review of the case, we affirm in part and modify in part.

The City of West Des Moines built a paved road in 1992 on a strip of land acquired from Iowa Concrete Block & Material Company. The right-of-way had been used by Iowa Concrete for access to its property from Fuller Road. The surface of the private road was a mixture of gravel and dirt. The road was shared by other abutting property owners,…