STATE v. BUTLER

No. 87-356.

419 N.W.2d 362 (1988)

STATE of Iowa, Appellant, v. Robert BUTLER, Appellee.

Supreme Court of Iowa.

February 17, 1988.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., John P. Sarcone and David R. Sheridan, Asst. Attys. Gen., for appellant.

Richard E.H. Phelps II, Newton, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.


CARTER, Justice.

Defendant, Robert Butler, was convicted by a magistrate's jury of failing to comply with the lawful order of the Jasper County Board of Health, a simple misdemeanor. On appeal to the district court, the conviction was overturned on the ground that the order was unlawful. That conclusion was premised on the court's belief that defendant's private sewage disposal system enjoyed a "grandfather rights" exclusion from administrative regulations adopted...

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