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NEMMERS v. CITY OF DUBUQUE

Nos. 84-1888, 84-1912.

764 F.2d 502 (1985)

Julian G. NEMMERS, Appellant, v. CITY OF DUBUQUE, an Iowa Municipal Corporation, James E. Brady, D. Michael King, John L. Felderman and Michael W. Pratt, Appellees. Julian G. NEMMERS, Appellee, v. CITY OF DUBUQUE, an Iowa Municipal Corp.; and James E. Brady; Michael King; John L. Felderman; Michael W. Pratt, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1985.

As Amended August 29, 1985.

Attorney(s) appearing for the Case

Alfred E. Hughes, Dubuque, Iowa, for Julian Nemmers.

Barry Lindahl, Dubuque, Iowa, for the City of Dubuque.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

In 1980, Julian G. Nemmers sued the City of Dubuque for its uncompensated taking of his land when it was rezoned from light industrial to a residential classification. When the case was first appealed to this Court, we reversed the district court's dismissal of the case, held that Nemmers had a vested right in the zoned status of his land, and remanded the case to the district court to determine the proper relief for Nemmers. Nemmers v. City...

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