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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
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:
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.
