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INCORPORATED CITY OF DENISON v. CLABAUGH

No. 64709.

306 N.W.2d 748 (1981)

The INCORPORATED CITY OF DENISON, Iowa, Appellee, Cross-Appellant, v. Karen M. CLABAUGH and Larry D. Clabaugh, Appellants, Cross-Appellees.

Supreme Court of Iowa.

Rehearing Denied August 21, 1981.

Attorney(s) appearing for the Case

Morris C. Hurd, Ida Grove, for appellants, cross-appellees.

Richard J. Vipond, Denison, and William F. Fanter, Des Moines, for appellee, cross-appellant.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

This equity action arose from the conversion of a house from a single-family to a two-family dwelling. The City of Denison claimed the builder, Larry D. Clabaugh, and the owner, Karen M. Clabaugh, violated the City's zoning ordinance by failing to comply with the setback requirements thereof. The trial court held for the City and issued a prohibitory injunction enjoining the Clabaughs from continuing construction but refused to grant a mandatory...

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