Gay v. City of Lyons

Almand, Justice.

We first consider the plaintiff's assignment of error that the court erred in overruling his demurrers to the answer. The substance of the answer was that, under the law, the city could not issue a permit to the plaintiff because the city had adopted on August 22, 1952, a zoning ordinance, and the location of the proposed filling station had been zoned for residential purposes. The ordinance is not attached to the answer. One ground of the demurrer was that the zoning ordinance, having been adopted after the plaintiff had filed his application for a building permit, was…