HERMANN v. CITY OF DES MOINES

No. 49753.

97 N.W.2d 893 (1959)

Robert L. HERMANN and Helen A. Hermann, Roy A. Utter and Geraldine M. Utter, Charles R. King and Edith A. King, Clarence O. Brown and Nara Virginia Brown, K. W. Buchanan and Ardyce P. Buchanan, Robert J. Harris and Gladys D. Harris, William E. Shepard and Helen E. Shepard, C. Z. Pollock and Lura Pollock, Emma M. McElfresh, Harold F. White and Rita M. White, Plaintiffs-Appellants, v. CITY OF DES MOINES, Iowa, and Fred Yeyer, Building Inspection Services Superintendent, Defendants-Appellees.

Supreme Court of Iowa.

July 24, 1959.


Attorney(s) appearing for the Case

Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

Robert J. Spayde and Robert G. Allbee, Des Moines, for appellees.

Charles F. Wennerstrum, Des Moines, amicus curiae.


THOMPSON, Chief Justice.

We are here concerned with an attempt by the City of Des Moines to spot zone a portion of Lot 10, Chetwynd, a part of the city. The tract in question lies on the west side of West 34th street, in a block bounded on the north by Forest Avenue and on the south by University Avenue. On July 9, 1953, the City of Des Moines enacted its comprehensive zoning ordinance No. 5453. This ordinance placed all of the property in the block which includes...

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