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CEDAR RAPIDS v. McCONNELL-STEVELY-ANDERSON

No. 87-336.

423 N.W.2d 17 (1988)

CITY OF CEDAR RAPIDS, Iowa, Appellee, v. McCONNELL-STEVELY-ANDERSON ARCHITECTS AND PLANNERS, P.C., Appellant.

Supreme Court of Iowa.

Rehearing Denied June 15, 1988.

Attorney(s) appearing for the Case

Stephen C. Nelson and Richard P. Moore of Moyer & Bergman, Cedar Rapids, for appellant.

David F. McGuire and James H. Flitz, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.

ANDREASEN, Justice.

This appeal involves the validity of the land use restrictions upon Lot # 1, Block # 4, Higley's addition, located at 860 17th Street S.E., Cedar Rapids, Iowa (Lot 1, Block 4) (approximately 1.58 acres).

In 1966, McConnell-Stevely-Anderson Architects and Planners, P.C., (MSA), agreed to purchase Lot 1, Block 4, on the condition that the zoning classification would be changed from two-family residential use (R3) to multiple dwelling use...

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