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HELMKE v. BD. OF ADJ., CITY OF RUTHVEN

No. 86-809.

418 N.W.2d 346 (1988)

Allen E. HELMKE and Juanita Helmke, Appellants, v. BOARD OF ADJUSTMENT, CITY OF RUTHVEN, et al., Defendants, Farmers Cooperative Elevator Company, Ruthven, Iowa, Intervenor-Appellee.

Supreme Court of Iowa.

Rehearing Denied February 12, 1988.

Attorney(s) appearing for the Case

Donald J. Bormann, Emmetsburg, and Griff Wodtke of Barrett & Trott, Des Moines, for appellants.

Harold W. White, Fitzgibbon Brothers, Estherville, for intervenor-appellee.

Considered en banc.

NEUMAN, Justice.

Appellants Allen and Juanita Helmke petitioned for a writ of certiorari to challenge the legality of a zoning decision made by the City of Ruthven Board of Adjustment (board). The object of the controversy is a 66 × 300 foot grain storage facility built across the street from Helmkes' rural Ruthven home by intervenor Farmers Cooperative Elevator Company (co-op). Although initially denied a construction permit for the building, the co-op prevailed...

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