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CITY OF WAPELLO v. CHAPLIN

No. 92-555.

507 N.W.2d 187 (1993)

CITY of WAPELLO, Appellant, v. John CHAPLIN and Anna Mae Chaplin, d/b/a C & H Auto Wrecker & Towing Service, Appellees.

Court of Appeals of Iowa.

September 2, 1993.

Attorney(s) appearing for the Case

Roger A. Huddle of Conway & Huddle, Wapello, for appellant.

William L. Matthews of Hicklin & Matthews, Wapello, for appellees.

Considered by DONIELSON, P.J., and HAYDEN and HABHAB, JJ.

HABHAB, Judge.

The City of Wapello filed a petition in equity seeking to enjoin John and Anna Mae Chaplin from operating a wrecking and towing service out of their residence. The City alleged that the Chaplins' business was a nonconforming use in a residential zone and did not fall within any exception to the zoning ordinance. The Chaplins argued that the City was selectively enforcing its ordinance, by proceeding against the Chaplins but allowing others to operate...

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