The Iowa Supreme Court has issued an update of a ruling it issued in May involving a lawsuit over the reconstruction of Highway 63 in northeast Iowa. The case involved a four lane Highway 63 bypass around the city of Denver that was built in 1994 and included a bridge over a creek on the west side of the city.
Thirty-five homes and 34 businesses were damage by flooding in 1999 and a federal study later found the construction of the bypass caused the floodwaters to be higher because the bridge only bypassed the creek and not the rest of the area where water flowed into the creek. The D.O.T. modified the bridge in 2004 to go around the entire creek floodway.
Several homeowners sued the state over the 1999 flooding damage. The Supreme Court ruled in May that the flooded residents could not sue for claims for damages due to a permanent devaluation of their property as it said the state addressed that issue by rebuilding the bridge to prevent future flooding. (May Radio Iowa Story)
But the court said they could sue over damages from the 1999 event. The state raised questions about the district court’s jurisdiction in the case and the Supreme Court reissued its ruling saying the district court does have jurisdiction and can rule on the damages from the 1999 event.