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Case No. 18-1109

For summaries from opinions prior to August, 2018, view PDF versions here

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


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


City of Des Moines Zoning Board of Adjustment

Attorney for the Appellee

David W. Nelmark

Attorney for the Appellant

Luke DeSmet, Assistant City Attorney

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 25, 2019

            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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