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Case No. 22-0473

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.

County:
Polk
Trial Court Case No.:
CVCV058214

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:
22-0473
Date Published:
Mar 22, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0473
Date Published:
Feb 08, 2023
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

Other Information

Date Further Review is Granted:
Apr 27, 2023

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