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MATTERS v. CITY OF AMES

No. 56433.

219 N.W.2d 718 (1974)

Robert L. MATTERS et al., Appellants, v. CITY OF AMES, Iowa, et al., Appellees.

Supreme Court of Iowa.

June 26, 1974.

Attorney(s) appearing for the Case

James A. Brewer, Hegland, Newbrough, Johnston & Brewer, Ames, for appellants.

John R. Klaus, Ames City Atty., and Mark J. Nolan, Asst. City Atty., Ames, for appellees.

HARRIS, Justice.

Plaintiff landowners brought a declaratory judgment action to test the constitutionality of a zoning ordinance. The action was dismissed because plaintiffs had not exhausted their administrative remedy by pursuing an application for variance. We affirm.

Plaintiffs own real estate in the City of Ames, Iowa (the city). By an existing municipal zoning ordinance plaintiffs' land is in an R-2 (residential) district. The ordinance limits the uses...

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