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GRAZIANO v. BOARD OF ADJUSTMENT, ETC.

No. 65863.

323 N.W.2d 233 (1982)

Charles D. GRAZIANO and Corrine R. Graziano, Appellants, v. BOARD OF ADJUSTMENT OF the CITY OF DES MOINES, Appellee, and Walter E. Stohlgren, Intervenor.

Supreme Court of Iowa.

August 25, 1982.

Attorney(s) appearing for the Case

Craig F. Graziano of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

James E. Nervig, Asst. City Atty., Des Moines, for appellee.

Ray Sullins of Roehrick, Lavorato, Schuster & Hassel, P. C., Des Moines, for intervenor.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.

REYNOLDSON, Chief Justice.

Plaintiffs filed this Iowa Code section 414.15 certiorari action to challenge the legality of the Des Moines zoning board of adjustment's issuance of a zoning variation. District court affirmed the board's action. The court of appeals affirmed, with two judges dissenting. Upon further review we vacate the decision of the court of appeals and reverse the district court's ruling.

The property...

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