LOUIE BALK LIME & READY-MIX CON., INC. v. BOARD OF ADJ.

No. 55890.

215 N.W.2d 284 (1974)

LOUIE BALK LIME AND READY-MIX CONCRETE, INC., Appellant, v. BOARD OF ADJUSTMENT OF the CITY OF CRESCO et al., Defendants, Robert E. Davies et al., Interveners.

Supreme Court of Iowa.

February 20, 1974.


Attorney(s) appearing for the Case

George R. Laub, Cresco, for appellant.

No appearance for defendants.

Frank D. Elwood, Cresco, for interveners.

Heard by MOORE, C. J., and MASON, REES, UHLENHOPP and HARRIS, JJ.


REES, Justice.

This is an appeal from an order and ruling of trial court dismissing plaintiff-corporation's petition in certiorari and for declaratory judgment.

The plaintiff-corporation is, and has been at all times material to the controversy, the owner of a tract of real estate all located outside but within a few hundred feet of the corporate limits of the City of Cresco. Willard Balk, an officer of plaintiff, appeared at a regular meeting of the Board...

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