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Case No. 19-0108

Fred Vogt
v.
City of Carter Lake and Carter Lake City Council

Appellant

Fred Vogt

Appellee

City of Carter Lake and Carter Lake City Council

Attorney for the Appellant

James L. Pray and Thomas D. Story

Attorney for the Appellee

Robert M. Livingston and Kristopher K. Madsen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0108
Date Published:
Nov 06, 2019
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Bower, C.J.  (6 pages)

            Fred Vogt appeals from a district court order granting the City of Carter Lake and Carter Lake City Council’s motion to dismiss.  Vogt sought declaratory judgment to enjoin amendment to zoning regulations to allow gaming facilities in C-2 General Commercial Districts.  OPINION HOLDS: We find to the extent the zoning district applied to property outside of tribal trust property, the court had jurisdiction over the action and reverse and remand for further proceedings.

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