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.
Resister
City of Des Moines, Iowa
Applicant
Mark Ogden
Attorney for the Resister
Luke DeSmet
Attorneys for the Applicant
James E. Nervig
Amici Curiae attorneys,
Laura Jontz
Supreme Court
Oral Argument Schedule
10-5-15-5
Feb 13, 2018 9:00 AM