Kistler v. City of Perry

LARSON, Justice.

The City of Perry, acting under authority of its nuisance-abatement ordinances, seized twelve vehicles from the plaintiffs’ property. The plaintiffs, Walter and Jean Kistler, challenged the seizure through an action seeking temporary and permanent injunctions and damages. The district court denied the injunction and granted the city’s partial motion for summary judgment over the plaintiffs’ argument that the seizure orders were unconstitutional. The plaintiffs appeal, and we reverse.

I.Facts and Prior Proceedings.

The plaintiffs own three properties in Perry. In the fall of…