(Okoboji)– The Iowa Supreme Court has sided with the city of Okoboji in the latest dispute involving it and Okoboji Boat Works, owned by businessman Butch Parks.
It stems over establishments at the boat works and the neighboring “Cove” property.
In a previous ruling, the state’s highest court overturned a district court ruling denying the city’s request for an injunction against the Okoboji Boat Works bar. In it’s ruling, the supreme court stated the use of the property as a bar would have constituted an unlawful expansion of a non-conforming use and violated a special use permit in effect for the property. It ordered an injunction be put in place, which the city then requested the district court to implement. The injunction did not prohibit Parks from using the Boat Works property for live music, karaoke, hog roasts, and other events. It only prohibited the sale of alcoholic beverages in the manner provided by a class “C” license. The injunction did not prohibit Parks from operating the marina as a bar by selling packaged beer and wine on one of the two parcels under the existing beer and wine permits and using the other parcel as an area for patrons to gather to consume it. The injunction also did not prohibit Parks from mooring an excursion pontoon to a dock at the marina and selling alcoholic beverages from it under a class “D” liquor license for excursion boats.
The city then went back to the supreme court asking it to order the district court to enter a permanent injunction prohibiting Parks from using his property as a bar for the consumption of alcoholic beverages and activities associated with the proposed bar.
In Friday’s ruling, the Iowa Supreme Court says the district court did not issue a permanent injunction as it was originally mandated. It’s ordering the district court to enter a permanent injunction “without delay”.
