(Okoboji)– The Iowa Supreme Court has sided with the city of Okoboji in a case against Butch Parks and Okoboji Boats.
It stems from a bar that Parks was operating from the business. The city denied Parks’ application for a class “C” liquor license in October, 2003, siting a zoning ordinance. Parks successfully appealed the matter to the state’s Alcoholic Beverages Division, which issued a license. The city then sought a temporary and permanent injunction against the operation of a tavern or bar on the marina property, saying such a use was not allowed under a special use permit. A District Court Judge issued a ruling denying the city’s request for the injunction. The city appealed to the Iowa Supreme Court.
In a ruling issued this (Friday) morning, the Iowa Supreme Court reversed the district court’s ruling and ordered the District Judge to issue a permanent injunction, which will no longer allow a bar to be operated from the business.
In its ruling, the supreme court says…quote…”Because the proposed use of the property as a bar is an unlawful expansion of a prior non-conforming use under the zoning ordinance and the special use permits granted by the board of adjustment, Parks’ proposal to use the premises as such is illegal”…unquote.
The ruling says the district court should have granted the city’s request for a permanent injunction.
The injunction will become effective once issued by the judge. There was no immediate word as to when that might be.
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