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JOHNSON v. BOARD OF ADJUSTMENT, ETC.

No. 2-57317.

239 N.W.2d 873 (1976)

Odell JOHNSON, Jr., et al., Appellants, v. BOARD OF ADJUSTMENT, CITY OF WEST DES MOINES, Iowa, Appellee, McLaren Enterprises, Inc., et al., Intervenors-Appellees.

Supreme Court of Iowa.

March 17, 1976.

Attorney(s) appearing for the Case

Dwight W. James, F. Richard Lyford and Richard A. Malm, Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

Jack Rogers, Des Moines, for appellee.

John Connolly, III, Connolly, O'Malley, Lillis & Hansen, Des Moines, for intervenors-appellees.

Heard by MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and REYNOLDSON, JJ.

RAWLINGS, Justice.

Plaintiffs appeal from trial court adjudication upholding issuance of a special use permit to intervenor-defendants by defendant Board of Adjustment, City of West Des Moines (the Board). We affirm.

July 26, 1971, intervenor-defendants (referred to collectively as defendants and individually by proper name) petitioned the Board for a special use permit to construct a mortuary. Defendant McLaren Enterprises, Inc. (McLaren), is the developer...

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