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STATE v. BATES

No. 64428.

305 N.W.2d 426 (1981)

STATE of Iowa, Appellee, v. Marvin BATES, Appellant.

Supreme Court of Iowa.

May 13, 1981.

Attorney(s) appearing for the Case

Walter J. Conlon, J. Michael Metcalf and William S. Beneke, of Mealy, Metcalf & Conlon, Muscatine, for appellant.

Thomas J. Miller, Atty. Gen., Thomas N. Martin, Asst. Atty. Gen. and Jay T. Schweitzer, Louisa County Atty., for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, HARRIS, ALLBEE and LARSON, JJ.

ALLBEE, Justice.

Defendant Marvin L. Bates was convicted of operating a salvage yard in violation of section 4.26 of the Louisa County Zoning Ordinance, which provides for the amortization of nonconforming uses. On appeal, he contends section 4.26 is invalid for the following reasons: (1) a provision eliminating nonconforming uses is not authorized by the applicable enabling legislation; and (2) the provision is unconstitutional both facially and as applied to defendant...

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