Legal Opinion

Depue v. City of Clinton

Supreme Court of Iowa

Decided September 5, 1968No. 52978PublishedCited by 16 opinions

1Opinion of the Court

BECKER, Justice.

Plaintiffs, by petition for declaratory judgment and injunctive relief, seek to set aside a resolution of the city council of Clinton, Iowa, granting a special use permit authorizing the construction of a 58 bed nursing home on real estate near or ad jacent to residential property owned by plaintiffs. After full-hearing on the merits the trial court declared the action of the city council to be valid and denied injunc-tive relief. We disagree.

We think this case must turn on our construction of Chapter 414, Code, 1966. We therefore shorten the statement of facts to bare…

2Cases cited15 opinions

  1. Anderson v. JesterSupreme Court of Iowa · 1928
  2. Norcross v. Board of Appeal of Building DepartmentMassachusetts Supreme Judicial Court · 1926
  3. Tustin Heights Assn. v. BD. OF SUPERVISORS OF ORANGE CTY.California Court of Appeal · 1959
  4. Ward v. Village of SkokieIllinois Supreme Court · 1962
  5. Deardorf v. Board of Adjustment of Planning & Zoning CommissionSupreme Court of Iowa · 1962

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Boomhower v. Cerro Gordo County Board of AdjustmentSupreme Court of Iowa · 1968
  2. City of Des Moines v. LohnerSupreme Court of Iowa · 1969
  3. Buchholz v. Board of Adjustment of Bremer CountySupreme Court of Iowa · 1972
  4. Vogelaar v. Polk County Zoning Board of AdjustmentSupreme Court of Iowa · 1971
  5. Adler v. LynchDistrict Court, D. Nebraska · 1976

11 more not listed; retrieve them via the Exa API.

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