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JAMES ENTERPRISES, INC. v. CITY OF AMES

No. 02-0415.

661 N.W.2d 150 (2003)

JAMES ENTERPRISES, INC. d/b/a Cyclone Truck Stop, Clyde's of Ames, Inc. d/b/a Wallaby's, Ye Olde, L.L.C. d/b/a Dublin Bay, De Paula, Inc. d/b/a Café Beaudelaire International Cuisine & Bar, Steve Soesbe d/b/a Tradewinds Café, Rozeboom Foods, Inc. d/b/a Whiskey River, and Tom Zmolek d/b/a Peoples Bar & Grille, Appellants, v. CITY OF AMES, Iowa, Appellee. Lovish Bederazack d/b/a Café Lovish, Intervenor-Appellant, v. City of Ames, Iowa, Appellee.

Supreme Court of Iowa.

May 7, 2003.

Attorney(s) appearing for the Case

Fred L. Dorr of Wasker, Dorr, Wimmer & Marcouiller, P.C., Des Moines, for appellants.

John R. Klaus, City Attorney, Ames, for appellee.

CARTER, Justice.

Plaintiffs and intervenor, who are the owners of food service establishments in the City of Ames, appeal from an adverse judgment in a claim seeking declaratory and injunctive relief that would preclude enforcement of a local ordinance banning smoking. It is the contention of the food service establishments that the ordinance in question contravenes controlling state law. The district court rejected that contention and upheld enforcement of the ordinance...

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