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Case No. 18-1109

S & A 786, LLC d/b/a Downtown Pantry
v.
City of Des Moines Zoning Board of Adjustment

Appellee

S & A 786, LLC d/b/a Downtown Pantry

Appellant

City of Des Moines Zoning Board of Adjustment

Attorneys for Appellee

David W. Nelmark

Attorneys for Appellant

Luke DeSmet, Assistant City Attorney

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1109
Date Published:
Sep 25, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Bower and Greer, JJ.  Opinion by Bower, J.  (17 pages)

            The Zoning Board of Adjustment of the City of Des Moines (Board) appeals after the district court sustained the writ of certiorari by which S & A 786, LLC, doing business as Downtown Pantry (Pantry), challenged the legality of the Board’s revocation of its conditional use permit (CUP).  OPINION HOLDS: Because we agree with the district court there is not substantial evidence to support the Board’s finding the Pantry’s operation had created a nuisance and the revocation of the CUP was arbitrary and capricious, we affirm.

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