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ERNST v. JOHNSON COUNTY

No. 93-723.

522 N.W.2d 599 (1994)

Louis ERNST, Ila Ernst and Vulcan Material Company, Appellees, v. JOHNSON COUNTY, Iowa, Appellant.

Supreme Court of Iowa.

October 19, 1994.

Attorney(s) appearing for the Case

Ann Lahey, Asst. County Atty., for appellant Johnson County.

David E. Brown of Hayek, Hayek & Brown, Iowa City, for intervenor-appellant J. George Swisher.

William L. Meardon of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellees.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

In this case, Johnson County together with J. George Swisher and Patrick O'Neil who intervened appeal a decision of the Johnson County District Court which held that Louis and Ila Ernst and Vulcan Material Company have established and continued a nonconforming use of a quarry near Iowa City. In this declaratory judgment action brought by the Ernsts and Vulcan, the district court held that as such they were...

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