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JORGENSEN v. BD. OF ADJ., CITY OF DES MOINES

No. 69007.

336 N.W.2d 423 (1983)

Beth JORGENSEN, Appellant, v. BOARD OF ADJUSTMENT, CITY OF DES MOINES; Des Moines Public Housing Authority, Appellees.

Supreme Court of Iowa.

July 20, 1983.

Attorney(s) appearing for the Case

Roger D. Colton, Ames, for appellant.

Nolden Gentry and Ann Marie Brick of Scalise, Scism, Gentry, Brick & Brick, Des Moines, for appellee Des Moines Public Housing Authority.

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

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, LARSON, and WOLLE, JJ.

LARSON, Justice.

This appeal involves the question of the validity of a special permit granted to the Des Moines Public Housing Authority (authority) for the right to construct a residential apartment building for the elderly and handicapped in a one and two-family residence zoned district in Des Moines.

On September 3, 1981, the authority filed an appeal with the Des Moines Zoning Board of Adjustment (board) requesting permission to build a 90-unit, five...

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