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CITY OF JOHNSTON v. CHRISTENSON

No. 04-0208.

718 N.W.2d 290 (2006)

CITY OF JOHNSTON, Appellee, v. Andrew CHRISTENSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 5, 2006.

Attorney(s) appearing for the Case

Frank Murray Smith of Frank Murray Smith Law Offices, Des Moines, for appellant.

J. Russell Hixson of Hixson, Brown & Parrish-Sams, P.C., Clive, for appellee.

CADY, Justice.

This appeal requires us to consider the doctrine of issue preclusion as it applies to a decision of a board of adjustment to grant a variance and special exception from a city zoning ordinance to a landowner for the construction of an accessory building. In doing so, we must clarify the proper allocation of power between a city and its board of adjustment, as well as the proper procedure for a city to challenge a decision by its board of adjustment...

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