Legal Opinion
Bormann v. KOSSUTH COUNTY BD. OF SUP'RS
Supreme Court of Iowa
Decided September 23, 1998No. 96-2276PublishedCited by 63 opinions
1Opinion of the Court
LAVORATO, Justice.
In this appeal we are asked to decide whether a statutory immunity from nuisance suits results in a taking of private property for public use without just compensation in violation of federal and Iowa constitutional provisions. We think it does. We therefore reverse a district court ruling holding otherwise and remand. In doing so, we need not reach a second constitutional challenge.
I. Facts and Proceedings.
The facts are not in dispute. In September 1994, Gerald and Joan Girres applied to the Kossuth County Board of Supervisors for establishment of an “agricultural area”…
2Cases cited35 opinions
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3Cited by63 opinions
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- Blumenthal Investment Trusts v. City of West Des MoinesSupreme Court of Iowa · 2001
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