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CITY OF LE MARS v. FISCH

No. 49851.

100 N.W.2d 14 (1959)

CITY OF LE MARS, a Municipal Corporation, Plaintiff-Appellee. v. Joseph V. FISCH, d/b/a Fisch Funeral Home, Defendant-Appellant, J. H. Groetkan, Eugene Anthony and Mary R. Anthony, Intervenors-Appellees.

Supreme Court of Iowa.

December 15, 1959.

Attorney(s) appearing for the Case

Orville A. Hames, Remsen, and Thomas L. McCullough, Sac City, for defendant-appellant.

James P. Kelley, City Sol., Le Mars, for plaintiff-appellee.

Burton Dull, Le Mars, for intervenors-appellees.

LARSON, Chief Justice.

This is a suit in equity brought by the City of Le Mars to enjoin defendant from conducting a funeral home on premises situated in a restricted residence district as established by zoning ordinance Chapter 27, Municipal Code of 1941, authorized by what is now Chapter 415, Code of Iowa 1958, I.C.A. Property owners occupying residences abutting this premise and across the street, intervened on the part of plaintiff and alleged defendant's action...

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