Hartog v. City of Waterloo

The City of Waterloo entered into a contract to sell certain property to a development company and also entered into a development agreement with the development company. Taxpaying residents of the City filed a petition for writ of mandamus and temporary injunction requesting postponement of the sale on the ground that the transaction failed to comply with certain appraisal, notice, right-of-first refusal, and public bid requirements set forth in chapter 306 of the Iowa Code. Ultimately, the district court entered an order enjoining the City from selling or transferring the property without first following the procedures prescribed in Iowa Code 306.23. Thereafter, the City gave the notices of the intended sale under the preference statute. The Taxpayers sought to find the City in contempt for court for noncompliance with the statutory requirements of the notices. The district court concluded that the City’s notices of sale failed to comply with the statutory sales preference but found that the deficiencies did not amount to contempt. The Supreme Court affirmed, holding that the City violated the injunction but that the City did not act with the requisite willfulness to establish contempt. View "Hartog v. City of Waterloo" on Justia Law