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IOWA CITY v. MUSCATINE DEVELOPMENT COMPANY

No. 52049.

141 N.W.2d 585 (1966)

IOWA CITY, a Municipal Corporation, Appellant, v. MUSCATINE DEVELOPMENT COMPANY, a Corporation, Appellee.

Supreme Court of Iowa.

April 5, 1966.

Attorney(s) appearing for the Case

Jay H. Honohan, City Atty., Iowa City, for appellant.

Nolan, Lucas & Nolan, Roger H. Ivie, and William J. DeCindio, Iowa City, for appellee.

GARFIELD, Chief Justice.

This is a suit in equity by the city of Iowa City to enjoin construction of multiple family dwellings by defendant Muscatine Development Co. in alleged violation of the city's zoning ordinance (Ordinance 2238). Following a hearing on plaintiff's prayer for a temporary injunction when the case was not at issue and trial of the main case had been set for a later date, the trial court dismissed the action at plaintiff's costs. Plaintiff has appealed...

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