Iowa Supreme Court · No. 23-1356
Merle D. Brendeland, Janis Brendeland, Megan Russell, and Joseph Russell v. Iowa Department of Transportation
Decided November 22, 2024 · appeal from Story County · Government
What the court decided
AI summary The landowners challenged the Iowa Department of Transportation's use of eminent domain to take their property, arguing they had missed a legal deadline. The court affirmed the lower court's decision to dismiss the case because the challenge was filed too late. This means the landowners cannot proceed with their legal action against the department's use of condemnation.1
Result: Affirmed
The court’s own summary
Landowners appeal a district court order dismissing as untimely their certiorari and judicial review actions challenging the Department of Transportation’s exercise of eminent domain authority in condemnation proceedings involving their property. The landowners contend the court erred in ruling Iowa Code section 6A.24(1) is their exclusive remedy for challenging the condemnation.
Holding: Landowners appeal a district court order dismissing as untimely a challenge to the Iowa Department of Transportation’s exercise of eminent domain authority. Affirmed.
Judges
- Written by Justice Edward M. Mansfield
- Trial judge: Jennifer Miller, Story County
Iowa Code it cites
§6A.24§6B.18§6B.1A§6B.3§6B.4§6B.8
Each links to the bills that change that chapter.