Jersild v. Sarcone

LeGRAND, Justice.

This matter was here once before when we affirmed a certiorari decree invalidating a building permit issued under Chapter 3S8A, Code of Iowa, 1962, for the construction of five storage tanks. See 260 Iowa 288, 149 N.W.2d 179.

That opinion was filed March 7, 1967. Eight months later plaintiffs filed, in the same action, their application to order removal of the tanks. Defendants resisted on the ground the judgment entered by the trial court and thereafter affirmed by us was a final adjudication. Defendants claim the trial court is without jurisdiction to consider whether the…