Legal Opinion

Fitzgarrald v. City of Iowa City

Supreme Court of Iowa

Decided November 25, 1992No. 90-1845PublishedCited by 19 opinions

1Opinion of the Court

CARTER, Justice.

Plaintiffs, Dean Fitzgarrald and Phyllis Fitzgarrald, who are landowners adjacent to the Iowa City Municipal Airport, appeal from adverse judgment in mandamus action to compel condemnation. The court of appeals concluded that a taking had occurred but that plaintiffs had not shown exhaustion of administrative remedies or the requisite “finality of taking” under the “variance” provisions of the ordinance. We granted further review of the court of appeals decision.

On June 17, 1992, this court filed an opinion deciding the issues on appeal. A petition for rehearing filed by…

2Cases cited16 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. United States v. CausbySupreme Court of the United States · 1946
  5. Martin v. Port of SeattleWashington Supreme Court · 1964

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Bormann v. KOSSUTH COUNTY BD. OF SUP'RSSupreme Court of Iowa · 1998
  2. Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource CommissionSupreme Court of Iowa · 2017
  3. Gabrilson v. FlynnSupreme Court of Iowa · 1996
  4. Kingsway Cathedral v. Iowa Department of TransportationSupreme Court of Iowa · 2006
  5. Iowa Coal Mining Co. v. Monroe CountySupreme Court of Iowa · 1993

14 more not listed; retrieve them via the Exa API.

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