Nadler v. City of Mason City

I respectfully dissent from division I of the majority opinion. Although the city’s good or bad faith in the investigation and prosecution of the condemnation may be relevant as a separate ground for damages, the issue whether the delay was unreasonable should be objectively determined as a separate matter. Such a view is supported by the authorities the majority relies on.

While this court in Skaff v. Sioux City, 168 N.W.2d 789 (Iowa 1969), did make the statement the majority quotes, there is nothing in that decision indicating the trial court determined the delay in prosecution was…