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CHICAGO, ROCK ISLAND AND PACIFIC R. CO. v. LIDDLE

No. 50499.

112 N.W.2d 852 (1962)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee, v. David M. LIDDLE, Chairman, and Paul Ashby, Earl Gritton, J. Richard Astley and Edward B. Ryan, as members of the Board of Adjustment of the City of Des Moines, Iowa; The City of Des Moines, Iowa; and Fred Heyer, as Building Inspector of the City of Des Moines, Iowa, Appellants.

Supreme Court of Iowa.

January 9, 1962.

Attorney(s) appearing for the Case

Leonard C. Abels, Corp. Counsel, Anthony T. Renda, City Sol., Leo E. Gross and Philip T. Riley, Assistant City Attys., Des Moines, for appellants.

A. B. Howland and J. H. Martin, Des Moines, for appellee.

GARFIELD, Chief Justice.

The vital question on this appeal is the legality of certain provisions of Part XIV of the 1953 zoning ordinance of the city of Des Moines. The trial court upheld plaintiff's claim they are illegal. We affirm the decision.

Plaintiff's railroad lines run generally east and west, also north and south through the city. Branch lines also leave it. Plaintiff owns a sizable tract of land between Southeast 18th Street on the west, Dean Avenue...

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