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KASPAREK v. JOHNSON COUNTY BD. OF HEALTH

No. 62420.

288 N.W.2d 511 (1980)

Donald K. KASPAREK and Rose Marie Kasparek, for Themselves and for Their Grantees and Assigns, Appellees, v. The JOHNSON COUNTY BOARD OF HEALTH, Appellant, Evelyn C. Weeber, Chairperson of the Johnson County Board of Health, Lee Dameron, Director, and Dr. Charles A. DeProsse, Mari S. Greb, Pauline McAreavy and Orval Yoder, Members of the Board, Johnson County, Iowa, Lorada Cilek, Chairperson of the Board of Supervisors of Johnson County, Iowa, Donald Sehr and Harold M. Donnelly, Members of the Board, Defendants, James R. Bulechek, Jr., Paul Carney, James Casterline, Milo Naxera, United State Bank, and Lincoln A. Zarub, Intervenors.

Supreme Court of Iowa.

February 20, 1980.

Attorney(s) appearing for the Case

J. Patrick White, First Asst. Johnson County Atty., for appellant.

Edward F. Rate, Iowa City, and Mitchell E. Turner, Cedar Rapids, for appellees.

William H. Bartley, Iowa City, for intervenors.

Considered en banc.

REYNOLDSON, Chief Justice.

Plaintiffs and intervenors are developers of subdivisions and owners of lots in the Lake Macbride watershed in Johnson County. By declaratory judgment action brought against Johnson County Board of Health (Board) and Johnson County board of supervisors they sought to nullify the retroactive aspect of a regulation adopted by the Board and approved by the board of supervisors as it applied to their pre-platted subdivisions. This regulation...

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