STATE EX REL. TURNER v. DRAKE

No. 2-57127.

242 N.W.2d 707 (1976)

STATE of Iowa ex rel. Richard C. TURNER, Attorney General, and citizen of Polk County, Iowa, Appellant and Cross-Appellee, v. Harold and D. DRAKE and Hubert Herman Heinig, Appellees and Cross-Appellants.

Supreme Court of Iowa.

May 19, 1976.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and John R. Perkins, Asst. Atty. Gen., for appellant and cross-appellee.

Mark C. Smith, West Des Moines, for Hubert Herman Heinig.

Don F. Neiman, Des Moines, for Harold and D. Drake.

Heard by MOORE, C.J., and MASON, RAWLINGS, LeGRAND and REES, JJ.


LeGRAND, Justice.

This is an action brought upon the relation of Richard C. Turner to enjoin the maintenance of a gambling nuisance. The action is based upon a violation of § 726.6, The Code, 1973, which the petition alleges is a nuisance as defined in § 657.2(6), The Code, 1973. Plaintiff asserts defendants should be enjoined under § 99.1, The Code, 1973.

The trial court dismissed the action. We affirm, although we do so on other grounds.<...

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