Opinion
No. 3-706 / 02-1044
Filed October 29, 2003
Appeal from the Iowa District Court forPolk County, Karen A. Romano, Judge.
William and Mary Cole and Tinker Tooling, Inc. appeal from a district court ruling granting summary judgment in favor of the City of Altoona and Iowa Department of Transportation. AFFIRMED.
Daniel Manning of Connolly, O'Malley, Lillis, Hansen Olson, L.L.P., Des Moines, for appellants.
Frank Smith, Des Moines, for appellee City of Altoona.
Noel Hindt, Assistant Attorney General, Ames, for appellee Department of Transportation.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
William and Mary Cole and Tinker Tooling, Inc. appeal from a district court ruling granting summary judgment in favor of the City of Altoona and Iowa Department of Transportation. Richard and Linda Moore and Donald and Barbara Stewart are not part of this appeal. We affirm.
Iowa Rule of Appellate Procedure 6.24 provides as follows:
A judgment or order may be affirmed or enforced without opinion if the appellate court determines that the questions presented are not of sufficient importance to justify an opinion, that an opinion would not have precedential value, and that any of the following circumstances exists and is dispositive:
(1) A judgment of the district court is correct.
(2) The evidence in support of a jury verdict is sufficient.
(3) The order of an administrative agency is supported by substantial evidence.
(4) No error of law appears.
We have carefully reviewed the well-written and concise decision of the district court and conclude that a further opinion by this court would not have precedential value. Therefore, we find that the judgment of the district court should be affirmed and enforced without opinion pursuant to Iowa Rule of Appellate Procedure 6.24(1) and (4).