Legal Opinion

Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal Corporation

Supreme Court of Iowa

Decided July 27, 2012No. 10–0898PublishedCited by 41 opinions

1Opinion of the Court

WIGGINS, Justice.

The operator of an establishment offering nude and seminude dance performances sought an injunction restraining a city from enforcing its ordinance regulating nude and seminude dancing. The district court found that state law did not preempt the ordinance and that the ordinance was constitutional. On appeal, we find that state law preempts enforcement of the ordinance and that it is unenforceable against the establishment. Accordingly, we reverse the judgment of the district court and remand the case with instructions to the court to enter an order enjoining the city from…

2Cases cited32 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Smith v. United StatesSupreme Court of the United States · 1977
  4. State v. BahlWashington Supreme Court · 2008
  5. State v. BahlWashington Supreme Court · 2008

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3Cited by41 opinions

  1. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015
  2. Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource CommissionSupreme Court of Iowa · 2017
  3. State of Iowa v. Daimonay Darice RichardsonSupreme Court of Iowa · 2017
  4. Nick C. Rhoades v. State of IowaSupreme Court of Iowa · 2016
  5. State of Iowa v. Iowa District Court for Scott CountySupreme Court of Iowa · 2017

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