Lime Lounge, Inc.
v.
City of Des Moines, Iowa
Plaintiff lounge, the subject of proceedings by defendant City to revoke its liquor license for failing to comply with a local ordinance, appealed a district court order dismissing its declaratory judgment action and denying its request for injunctive relief. Plaintiff contends the court erred in failing to find the ordinance is preempted by Iowa Code chapter 123, is unconstitutional in violation of the federal and state equal protection clauses, and amounts to illegal spot zoning. The court of appeals affirmed. Plaintiff requests further review.
Applicant
Lime Lounge, Inc.
Resister
City of Des Moines, Iowa
Attorneys for the Applicant
Cornelius S. Qualley
George Qualley IV
Attorney for the Resister
John O. Haraldson
Supreme Court
Oral Argument Schedule
15-15-5
Feb 20, 2024 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Dustria A. Relph, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (14 pages)
Lime Lounge, LLC appeals a district court ruling denying their request for a permanent injunction and dissolving a temporary injunction that restrained the City of Des Moines (Des Moines) from seeking to revoke Lime Lounge’s state liquor license. Lime Lounge contends the basis for the revocation—Lime Lounge’s failure to maintain their conditional use permit (CUP) as required by Des Moines’s municipal code—is preempted by state law. Lime Lounge also claims the ordinances violate the equal protection clause of the state and federal constitutions. Further, they assert the CUP constitutes illegal spot zoning. OPINION HOLDS: We find the city’s ordinance related to the CUP is not preempted by state law. Additionally, the ordinance does not violate the equal protection clause, nor does it amount to illegal spot zoning. We affirm