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CITY OF OKOBOJI v. IOWA DIST. COURT

No. 06-1483.

744 N.W.2d 327 (2008)

CITY OF OKOBOJI, Plaintiff, v. IOWA DISTRICT COURT FOR DICKINSON COUNTY, Defendant.

Supreme Court of Iowa.

January 25, 2008.

Attorney(s) appearing for the Case

Michael J. Chozen of Chozen & Saunders, Spirit Lake, for plaintiff.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, and Phil C. Redenbaugh, Storm Lake, for defendant.

CADY, Justice.

In this certiorari action, we conclude the district court acted illegally by entering an injunction following remand that failed to carry out the directives of our opinion in City of Okoboji v. Okoboji Barz, Inc., 717 N.W.2d 310 (Iowa 2006). We sustain the writ of certiorari and remand the case to the district court for the issuance of a permanent injunction, as previously directed.

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