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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:
Date Published:
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.
