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MONTAGUE v. CITY OF CEDAR RAPIDS

No. 88-846.

449 N.W.2d 91 (1989)

Ryan MONTAGUE, Appellee, v. CITY OF CEDAR RAPIDS, Iowa, Appellant.

Court of Appeals of Iowa.

October 5, 1989.

Attorney(s) appearing for the Case

James H. Flitz and David F. McGuire, Cedar Rapids, for defendant-appellant.

Richard Schrodermier, Cedar Rapids, for plaintiff-appellee.

Heard by OXBERGER, C.J., and SCHLEGEL and HABHAB, JJ., but considered en banc.

DONIELSON, Judge.

The defendant, City of Cedar Rapids (City), appeals a ruling by the trial court granting the plaintiff a certificate of occupancy allowing him to operate an adult bookstore in downtown Cedar Rapids. The City contends that the trial court erred by finding that the location is not within 450 feet of a school or residential zoning district. Upon our de novo review of this equitable proceeding, see Iowa Code section 661.3 (1987), we reverse.<...

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