SUTTON v. DUBUQUE CITY COUNCIL

No. 04-1067, 04-1196.

729 N.W.2d 796 (2006)

S.A. SUTTON and Francine Banwarth, Appellants, v. DUBUQUE CITY COUNCIL and Royal Oaks Development Corp., Appellants. S.A. Sutton and Francine Banwarth, Appellees, v. Dubuque City Council and Royal Oaks Development Corp., Appellants.

Supreme Court of Iowa.

Rehearing Denied January 11, 2007.


Attorney(s) appearing for the Case

David L. Hammer and Angela C. Simon of Hammer, Simon & Jensen, Dubuque, for S.A. Sutton and Francine Banwarth.

Barry A. Lindahl and James A. O'Brien, Dubuque, for Dubuque City Council.

Stephen J. Juergens of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for Royal Oaks Development Corp.


CARTER, Justice.

The city council of the City of Dubuque, in its representative capacity, and Royal Oaks Development Corporation, an affected real estate developer, appeal from a judgment that voided an amendment to the zoning ordinances of the City of Dubuque.1 Because there is a community of interest between appellants, we will proceed as if the City were the only appealing party. The appellees...

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