Cummings v. City of Waterloo

Plaintiffs, Mark Cummings, et al., appeal from an order of the Monroe County circuit court dismissing their complaint against defendant, the City of Waterloo (the City) for failure to state a cause of action. Wal-Mart Stores, Inc. (Wal-Mart), was allowed to intervene and was made a defendant in the proceeding below and is also a participant in this appeal. We affirm in part, reverse in part, and remand the cause for the reasons set forth below.

FACTS

On June 17, 1996, the city council of the City passed ordinance number 1013 by a simple majority of the council. In ordinance number 1013 the City…