Legal Opinion

City of Okoboji v. Okoboji Barz, Inc.

Supreme Court of Iowa

Decided March 14, 2008No. 06-0269PublishedCited by 7 opinions

1Opinion of the Court

CADY, Justice.

In this appeal, we must decide whether a city ordinance prohibits the sale and service of alcoholic beverages in conjunc tion with the operation of a restaurant as a nonconforming use. We conclude the sale and service of alcoholic beverages would not alone violate the ordinance. We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand.

I. Background Pacts and Proceedings.

Edna Mae, Arlene, and Fern O’Farrell opened a small, family-oriented restaurant in the City of Okoboji in 1958 called “O’Farrell Sisters.” The three sisters…

2Cases cited21 opinions

  1. Iowa Coal Mining Co. v. Monroe CountySupreme Court of Iowa · 1996
  2. Sawdey Liquor License CaseSupreme Court of Pennsylvania · 1951
  3. Salerni v. ScheuySupreme Court of Connecticut · 1954
  4. Passehl Estate v. PassehlSupreme Court of Iowa · 2006
  5. Redfearn v. CreppelSupreme Court of Louisiana · 1984

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3Cited by7 opinions

  1. City of Des Moines, Iowa v. Mark OgdenSupreme Court of Iowa · 2018
  2. City of Okoboji, Iowa v. Leo Parks, Jr. And Okoboji Barz, Inc. D/B/A Okoboji Boat Works, Fish House Lounge and Clucker's Broasted ChickenSupreme Court of Iowa · 2013
  3. Larry Schaefer and Elaine Schaefer, Husband and Wife v. Raymond Schaefer v. Larry Schaefer and Elaine Schaefer, Husband and WifeSupreme Court of Iowa · 2011
  4. Ames 2304, LLC v. City of Ames, Zoning Board of AdjustmentSupreme Court of Iowa · 2019
  5. A.D., L.L.C. v. 2004 Sc Partners, L.L.C.Court of Appeals of Iowa · 2014

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