DEPUE v. CITY OF CLINTON

No. 52978.

160 N.W.2d 860 (1968)

Clark A. DEPUE, III, Ruth E. Depue, Reynold P. Jurgensen, Ivalyn K. Jurgensen, Harold L. Kirk, Arlene Kirk, Leonard Nelken, Lorene F. Nelken, Brice C. Oakley and Betty J. Oakley, Appellants, v. CITY OF CLINTON, Iowa, W. H. Stocking and Americana Nursing Homes, Inc., Appellees.

Supreme Court of Iowa.

September 5, 1968.


Attorney(s) appearing for the Case

Lane & Waterman, Davenport, for appellants.

Richard W. Farwell, Clinton, for appellee City of Clinton.

Alan H. Mayer, Clinton, for appellees W. H. Stocking and Americana Nursing Homes, Inc.


BECKER, Justice.

Plaintiffs, by petition for declaratory judgment and injunctive relief, seek to set aside a resolution of the city council of Clinton, Iowa, granting a special use permit authorizing the construction of a 58 bed nursing home on real estate near or adjacent to residential property owned by plaintiffs. After full hearing on the merits the trial court declared the action of the city council to be valid and...

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