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CHAMBERLAIN, L.L.C. v. CITY OF AMES

No. 06-1487.

757 N.W.2d 644 (2008)

CHAMBERLAIN, L.L.C., Appellant, v. CITY OF AMES, Iowa and Ames Board of Appeals, Appellees.

Supreme Court of Iowa.

November 21, 2008.

Attorney(s) appearing for the Case

John F. Lorentzen and John T. Clendenin of Nyemaster, Goode, West, Hansell & O'Brien, Des Moines, for appellant.

William A. Wickett and Jason W. Miller of Patterson Law Firm, L.L.P., Des Moines, and Jason C. Palmer and Andrew C. Johnson of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellees.

STREIT, Justice.

An Ames developer planned to build an apartment complex with loft space that could be used for sleeping or storage. Uncertain whether the lofts were permissible under the Ames Municipal Code, the developer requested an interpretation of the code from the city's building official, who concluded the lofts were permissible. When the building was completed, the city denied the developer's application for a certificate of occupancy because it found the...

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