(Okoboji)– Another victory for the city of Okoboji in its efforts to shut down a bar in the Okoboji Boat Works building owned by Butch Parks.
The Iowa Supreme Court today (Tuesday) issued a ruling denying a request for Parks for a re-hearing on the high court’s ruling on May 26th of this year that overruled a district judge’s ruling denying the city’s request for a permanent injunction against the bar. In it’s ruling, the state’s highest court said the district court should have ruled in the city’s favor as the use of the property as a bar in an unlawful expansion of a prior non-conforming use under the city’s zoning ordinance and special use permits granted by the board of adjustment.
Okoboji City Attorney Mike Chozen says the Supreme Court’s decision not to re-hear the matter means it now goes back to district court. Chozen says the district court will then issue an injunction consistent with the supreme court’s ruling of May 26th. He expects that will happen in the next couple of weeks or so.
The issue stems from October, 2003 when the Okoboji city council denied Parks’ application for a class “C” liquor license. Parks appealed to the state’s Alcoholic Beverages Division, which issued a license. The city then sought an 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 denied the city’s request for an injunction. The city then appealed to the Iowa Supreme Court.
