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LINN COUNTY v. CITY OF HIAWATHA

No. 65852.

311 N.W.2d 95 (1981)

LINN COUNTY, Iowa; Kenneth A. Schriner, Jean E. Oxley and B. Joseph Rinas, as members of the Linn County Board of Supervisors, et al., Plaintiffs, v. CITY OF HIAWATHA, Iowa and City of Hiawatha Board of Adjustment, Defendants.

Supreme Court of Iowa.

October 21, 1981.

Attorney(s) appearing for the Case

Craig A. Kelinson, Asst. Linn County Atty. and Gerald T. Sullivan, Cedar Rapids, for plaintiffs.

Gregory Alan Lewis of Moyer & Bergman, Cedar Rapids, for defendants.

Considered by LeGRAND, P. J., and HARRIS, McCORMICK, ALLBEE, and LARSON, JJ.

ALLBEE, Justice.

This case is here on certified questions of law from the United States District Court for the Northern District of Iowa, pursuant to chapter 684A, The Code, and division VI of the Iowa Rules of Appellate Procedure. The facts certified to this court may be briefly summarized as follows. In 1979, Linn County purchased a residence in the city of Hiawatha, in a district zoned for single-family dwellings only. The residence was to be used as a group foster...

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