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DEVAULT v. CITY OF COUNCIL BLUFFS

No. 02-0456.

671 N.W.2d 448 (2003)

Mark A. DEVAULT, Ivan A. Devault, and Rita J. Devault, Appellees, v. CITY OF COUNCIL BLUFFS, Iowa, Appellant.

Supreme Court of Iowa.

November 13, 2003.

Attorney(s) appearing for the Case

Karen A. Dales, Council Bluffs, for appellant.

Curtis J. Heithoff, Council Bluffs, and Michael J. Winter, Council Bluffs, for appellees.

CARTER, Justice.

The City of Council Bluffs appeals from a decree enjoining the enforcement of a municipal ordinance classifying the partially completed residential structure of defendants, Mark Devault, Ivan Devault, and Rita Devault, as a nuisance subject to abatement. The district court concluded that the ordinance in question was void for vagueness under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Based on that conclusion...

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