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GREENAWALT v. ZONING BD. OF ADJ. OF DAVENPORT

No. 83-440.

345 N.W.2d 537 (1984)

Monte H. GREENAWALT, Appellant, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF DAVENPORT, Iowa; and Albert Zimmerman, Louis Soenke, Edward Waite, Ira Kaiser, and Joseph Tomlinson, Members of Board of Adjustment, Appellees. John E. and Beverly A. Sinning, Intervenors.

Supreme Court of Iowa.

February 15, 1984.

Attorney(s) appearing for the Case

Walter Newport and Stephen P. Wing of Walter Newport & Associates, Davenport, for appellant.

Michael J. Meloy, City Atty., for appellees board and its members.

Robert V.P. Waterman of Lane & Waterman, Davenport, for intervenors.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McCORMICK, and WOLLE, JJ.

UHLENHOPP, Justice.

This appeal involves a decision by the zoning board of adjustment of Davenport, Iowa (board), denying an application for a variance from an ordinance limiting the height of front-yard fences to forty-two inches. Monte H. Greenawalt applied for a variance for the purpose of constructing a fence six feet in height.

The property for which the variance was requested is a three and one-half acre parcel known as "Oak Knoll", a residence located...

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