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KANE v. CITY COUNCIL OF CEDAR RAPIDS

No. 94-932.

537 N.W.2d 718 (1995)

Alan KANE, Charles Edwards, Lora Lea Edwards, Mark Hanrahan, and Ann Dorr, Appellants, Charles Schillig, Robert Schillig, and Gary Schillig, Plaintiffs, v. The CITY COUNCIL OF the CITY OF CEDAR RAPIDS, Larry Serbousek, Wayne Murdock, Lyle Hanson, J.D. Smith, and David Kramer, in Their Official Capacities as Members of the City Council of the City of Cedar Rapids, and the Board of Adjustment of the City of Cedar Rapids, James Sattler, David McManus, Joan Koontz, and Michael Flynn, in Their Official Capacities as Members of the Board of Adjustment for the City of Cedar Rapids, Appellees.

Supreme Court of Iowa.

September 20, 1995.

Attorney(s) appearing for the Case

Deborah J. Hughes and Alfred E. Willett of Irvine & Robbins, Cedar Rapids, for appellants.

Mohammad H. Sheronick, City Attorney, Cedar Rapids, for appellees.

Considered by HARRIS, P.J., and LARSON, SNELL, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

This is an action by surrounding property owners challenging the approval by the Cedar Rapids City Council (council) of a revised site development plan for a condominium project. They claim that approval of the plan did not receive the statutory required three-fourth majority vote of the council and that the approval constituted illegal spot zoning. The surrounding property owners appeal from the district court ruling upholding the council's action...

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