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Case No. 16-1080

City of Des Moines, Iowa
v.
Mark Ogden

Mark Ogden, property owner of a Des Moines mobile home park, seeks further review after the court of appeals affirmed a district court order enjoining the continued nonconforming use of his property as a mobile home park. The court of appeals affirmed the district court’s conclusions that the current state of the mobile home park exceeds the legal nonconforming use as it existed in 1955 and poses a threat to the safety of people or property. Ogden argues the court of appeals erred by ruling that the mobile home park lost its legal status as a nonconforming use and by falling to rule that equitable estoppel bars the City from seeking to enjoin the use of the mobile home park.

County:
Polk
Trial Court Case No.:
EQCE077220

Resister

City of Des Moines, Iowa

Applicants

Mark Ogden

Attorneys for Resister

Luke DeSmet

Attorneys for Applicants

James E. Nervig

Amici Curiae attorneys,
Laura Jontz

Supreme Court

Oral Argument Schedule

10-5-15-5

Feb 13, 2018 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
16-1080
Date Published:
Mar 16, 2018
Date Amended:
May 30, 2018

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1080
Date Published:
Jun 07, 2017

Other Information

Date Further Review is Granted:
Dec 08, 2017

View archived opinions from prior to November 2017

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