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CITY OF OKOBOJI v. PARKS

No. 12-0335.

830 N.W.2d 300 (2013)

CITY OF OKOBOJI, Iowa, Appellee, v. Leo PARKS, Jr. and Okoboji Barz, Inc. d/b/a Okoboji Boat Works, Fish House Lounge and Clucker's Broasted Chicken, Appellants.

Supreme Court of Iowa.

April 26, 2013.

Attorney(s) appearing for the Case

Sean J. Barry and Richard J. Barry of Montgomery, Barry, Bovee & Barry, Spencer, for appellants.

Michael J. Chozen , Spirit Lake, for appellee.

APPEL, Justice.

In this case, we again consider issues surrounding the efforts of the City of Okoboji to enforce zoning restrictions on a property located on the shore of West Lake Okoboji. The lakefront property is zoned residential, but has been historically operated as a marina pursuant to special-use permits allowing nonconforming use. We have previously held that while the use of the property as a marina is lawful under the special-use permits, they do not allow...

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