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IOWA CITY v. IOWA DIST. COURT

No. 89-772.

456 N.W.2d 178 (1990)

CITY OF IOWA CITY, Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR JOHNSON COUNTY, IOWA, Defendant.

Supreme Court of Iowa.

Rehearing Denied June 20, 1990.

Attorney(s) appearing for the Case

William J. Sueppel, Asst. City Atty., Iowa City, for plaintiff.

Patricia C. Kamath, Iowa City, for defendant.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

ANDREASEN, Justice.

The plaintiff's petition for writ of certiorari raises issues involving the authority of judicial magistrates to order the abatement of a nuisance defined by ordinance as a municipal infraction. The authority of cities to define nuisances and the scope of the municipal infraction statute are also at issue. Because we believe the magistrate has authority to order the abatement of a municipal infraction, we sustain the writ.

The city of Iowa...

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