Walker v. Johnson County

REYNOLDSON, Justice.

This case is here because plaintiff property owner (Walker) claims an ordinance of defendant health board (board) violates federal and state constitutional due process clauses. Trial court denied Walker’s petition which sought a decree declaring certain sections of the health ordinance unconstitutional and enjoining the board from abating the alleged health nuisance and from prosecuting him for alleged violations of the ordinance. Upon the owner’s appeal, we reverse.

Regulation 2 of defendant board defines health nuisance generally as meaning “ * * * any act, omission to…