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CITIZENS v. CITY OF SHENANDOAH

No. 03-1437.

686 N.W.2d 470 (2004)

CITIZENS FOR RESPONSIBLE CHOICES, an Iowa Nonprofit Corporation, Appellant, v. CITY OF SHENANDOAH and City of Clarinda, Appellees.

Supreme Court of Iowa.

September 1, 2004.

Attorney(s) appearing for the Case

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, a P.C., Des Moines, and Frank Murray Smith of Frank M. Smith Law Office, Des Moines, for appellant.

Andrew R. Anderson and Chad R. Anderson of Faegre & Benson LLP, Des Moines, and Robert E. Norris, Shenandoah, for appellees.

CARTER, Justice.

Citizens for Responsible Choices (Citizens), a nonprofit corporation whose members object to a public improvement project that includes a recreational lake and public park, appeal from an order granting a motion to dismiss its claims for declaratory relief. The appellees are the City of Shenandoah and the City of Clarinda (the cities).

Citizens maintains that it has a valid claim for declaring the proposed project unlawful on three separate...

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