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STONER McCRAY SYSTEM v. CITY OF DES MOINES

No. 49046.

78 N.W.2d 843 (1956)

The STONER McCRAY SYSTEM, Appellee, v. CITY OF DES MOINES, Iowa, Fred Heyer, Inspector of Buildings, Lewis A. Royal, City Prosecutor, and Tod Lyon, Bailiff of Municipal Court, Appellants.

Supreme Court of Iowa.

October 16, 1956.

Attorney(s) appearing for the Case

Wade Clarke, Corp. Counsel, Cloid I. Level, City Solicitor, and Anthony T. Renda, Asst. City Solicitor, Des Moines, for appellants.

Brody, Parker, Miller, Roberts & Thoma, Des Moines, for appellee.

LARSON, Justice.

This is an action in equity to enjoin the defendants from enforcing Zoning Ordinance No. 5453 of the City of Des Moines, Iowa, with reference to plaintiff's outdoor advertising signs and billboards which were being maintained on certain specifically described tracts of land owned or leased by plaintiff. Plaintiff contends the ordinance attempts to make an unconstitutional discrimination against plaintiff and its property, attempts to destroy plaintiff...

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