Ernst v. Johnson County

SNELL, Justice.

In this case, Johnson County together with J. George Swisher and Patrick O’Neil who intervened appeal a decision of the Johnson County District Court which held that Louis and Ila Ernst and Vulcan Material Company have established and continued a nonconforming use of a quarry near Iowa City. In this declaratory judgment action brought by the Ernsts and Vulcan, the district court held that as such they were not required to conform to conditional use permit provisions enacted by Johnson County in 1980. We affirm.

I. Factual Background

The quarry, known as the Ernst quarry, is…