Madden v. City of Eldridge

STREIT, Justice.

Twenty-four years after an apartment building was constructed, the ceiling of one apartment collapsed, killing a tenant. The estate sued the City of Eldridge claiming it failed to properly inspect the building and failed to enforce the Uniform Building Code when the building was constructed in 1975, resulting in the tenant’s death. The district court found the city was immune because its actions were protected by the discretionary function immunity of Iowa Code section 670.4(3) (1999). The estate appealed. Because we agree with the district court, but upon different grounds,…