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DES MOINES UNION RY. v. DES MOINES

No. 89-758.

459 N.W.2d 271 (1990)

DES MOINES UNION RAILWAY CO., Appellee, v. CITY OF DES MOINES, Iowa, Appellant.

Supreme Court of Iowa.

July 18, 1990.

Attorney(s) appearing for the Case

Bruce Bergman and Kathleen Vanderpool, Asst. City Attys., for appellant.

Thomas G. Fisher, Jr. of Duncan, Jones, Riley & Finley, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and NEUMAN, JJ.

LARSON, Justice.

In order to finance a downtown improvement project, the City of Des Moines levied a special assessment against property owned by the Des Moines Union Railway Company. Union Railway appealed the assessment, and the district court reduced to $0 the assessments on twelve of the thirteen tracts involved on the ground that the owner received no benefits from the project. We reverse and remand.

In 1987, the Des Moines City Council adopted a resolution...

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