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MEDUNA v. CITY OF CRESCENT

No. 07-1919.

761 N.W.2d 77 (2008)

John MEDUNA and Carol Meduna, Plaintiffs-Appellants, v. CITY OF CRESCENT, Defendant-Appellee.

Court of Appeals of Iowa.

December 17, 2008.

Attorney(s) appearing for the Case

Anthony W. Tauke of Porter, Tauke & Ebke Law Firm, Council Bluffs, for appellant.

Joseph D. Thornton and Nathan R. Watson of Smith Peterson Law Firm, L.L.P., Council Bluffs, for appellee.

Considered by SACKETT, C.J., and EISENHAUER and DOYLE, JJ.

SACKETT, C.J.

Appellants John and Carol Meduna (the Medunas) established a one-bedroom bed and breakfast in their single family residence in the City of Crescent, Iowa, (City) believing under the City's zoning ordinances it was a "small home occupation," a permitted use in a R-1 residential zone. The City disagreed and charged appellants with violation of its zoning ordinance. The Medunas sued seeking a declaratory judgment declaring their bed and breakfast a permitted...

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