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CITY OF OKOBOJI, IOWA v. OKOBOJI BARZ

No. 04-1554.

717 N.W.2d 310 (2006)

CITY OF OKOBOJI, IOWA, Appellant, v. OKOBOJI BARZ, INC., d/b/a Okoboji Boats and Leo Parks, Jr., Appellees.

Supreme Court of Iowa.

Rehearing Denied July 18, 2006.

Attorney(s) appearing for the Case

Michael J. Chozen of Chozen & Saunders, Spirit Lake, for appellant.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, and Phil C. Redenbaugh of Phil C. Redenbaugh, P.C., Storm Lake, for appellees.

WIGGINS, Justice.

In this appeal, we must decide whether the proposed operation of a bar on lakefront property constitutes an unlawful expansion of a nonconforming use under a city's zoning ordinance and a violation of the special use permits granted by the board of adjustment. The district court determined the proposed use of the property for a bar did not violate the city zoning ordinance or the special use permits. Because we disagree with the district court's...

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