(Spirit Lake)– Testimony got underway Thursday in Dickinson County District Court between the city of Okoboji and Butch Parks, doing business as Okoboji Barz.
The trial stems from the city’s refusal to grant Parks a liquor license for a bar he wants to open in a marina he’s proposing for the former Okoboji Boats.
Testimony got underway with the city calling its witnesses. City Administrator Dennis Daly testified that the operation of a tiki bar Parks is proposing would be in violation of a special use permit granted in 1973 that allowed Okoboji Boats to continue to operate as a marina, even though it’s zoned Lakeshore Residential.
Several neighbors testified on the city’s behalf, saying they fear the operation would bring traffic congestion, noise and pollution. Several cited similar problems a couple years ago when a take-out chicken business operated from a portion of the Okoboji Boats property.
Under cross examination of the city’s witnesses, Phil Redenbaugh, an attorney representing Parks, pressed the fact that several restaurants that have bars in them already operate in the neighborhood. But the witnesses testified they haven’t had any problems with those businesses…and atleast one of them is in a commercially zoned area.
The fact that take-out beer sales were conducted in the past from the Okoboji Boats location was also made an issue by Redenbaugh.
Called to the stand as a hostile witness by the city, Parks testified the scope of his proposed bar operation would similar to the Barefoot Bar at his marina on East Lake Okoboji. Asked if there had been any complaints about that operation, Parks replied by saying there was one incident Labor Day weekend when a Sheriff’s Deputy was called on a noise complaint. Parks says the band quit playing for the rest of the night shortly after he learned of the complaint.
Testimony from the city and its witnesses concluded late Thursday afternoon. Trial resumes at 9:00 a.m. Friday with testimony from Parks’ witnesses.
The case is being heard in Dickinson County District Court by Judge John Duffy.
