JERSILD v.SARCONE

No. 53098.

163 N.W.2d 78 (1968)

Arthur L. JERSILD et al., Appellants, v. James V. SARCONE et al., Appellees.

Supreme Court of Iowa.

December 10, 1968.


Attorney(s) appearing for the Case

Stewart, Wimer, Brennan & Joyce, Des Moines, for appellants.

Chris Becker, Des Moines, for appellee, James V. Sarcone.

Williams, McWilliams & Hart, Des Moines, for appellee, Eugene R. Severs, d/b/a MacMillan Oil Co.


LeGRAND, Justice.

This matter was here once before when we affirmed a certiorari decree invalidating a building permit issued under Chapter 358A, Code of Iowa, 1962, for the construction of five storage tanks. See 260 Iowa 288, 149 N.W.2d 179.

That opinion was filed March 7, 1967. Eight months later plaintiffs filed, in the same action, their application to order removal of the tanks. Defendants resisted on the ground the...

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