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CITY OF JEWELL JUNCTION v. CUNNINGHAM

No. 88-362.

439 N.W.2d 183 (1989)

CITY OF JEWELL JUNCTION, Iowa, Appellee, v. Michael D. CUNNINGHAM and Linda Cunningham d/b/a East Lane Manor, Appellants.

Supreme Court of Iowa.

Rehearing Denied May 12, 1989.

Attorney(s) appearing for the Case

Carol A. Wendl of Neiman, Neiman, Stone & Spellman, P.C., Des Moines, for appellants.

Charles Deppe of Brekken, Deppe & Wynia, P.C., Jewell, for appellee.

Considered en banc.

LARSON, Justice.

Michael and Linda Cunningham are the owners of East Lane Manor, a residential care facility located in a residential district in Jewell Junction, Iowa. (Jewell Junction is commonly known as Jewell.) The district court enjoined the operation of East Lane Manor on the ground that it violated the city's zoning ordinance, and the Cunninghams appealed. We reverse and remand.

When the city's zoning ordinance was passed in 1971, East Lane Manor had...

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