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K & W ELECTRIC, INC. vs. STATE OF IOWA
State: Iowa
Court: Supreme Court
Docket No: No. 47 / 04-0643
Case Date: 04/07/2006
Preview:IN THE SUPREME COURT OF IOWA
No. 47 / 04-0643 Filed April 7, 2006 K & W ELECTRIC, INC., Appellant, vs. STATE OF IOWA, Appellee.

Appeal from the Iowa District Court for Black Hawk County, Leonard D. Lybbert, Judge.

Property owner appeals dismissal of tort and inverse condemnation claims against State. AFFIRMED.

John J. Hines of Dutton, Braun, Staack, Hellman, P.L.C., Waterloo, for appellant.

Thomas J. Miller, Attorney General, and Noel C. Hindt and Richard E. Mull, Assistant Attorneys General, for appellee.

2 TERNUS, Justice. The appellant, K & W Electric, Inc., appeals an adverse summary judgment ruling on its damage claims against the appellee, State of Iowa. K & W sued the State on theories of negligence, violation of Iowa Code section 314.7 (1999), and inverse condemnation, claiming a highway construction project undertaken by the Iowa Department of Transportation (DOT) in the vicinity of the plaintiff's premises caused flooding that damaged the plaintiff's property. The district court held the plaintiff's claims were time barred, see Iowa Code
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