(Spirit Lake)– A district judge says broasted chicken can, indeed, be sold out of the former Okoboji Boats building in Okoboji.
The city of Okoboji went to court seeking a temporary injunction to deny the owner of the building, Leo Parks, Junior, from leasing a portion of the building to Curtis Edward Gochnour…doing business as “Honest Ed’s Bait Shop and Chicken”. In seeking the injunction, the city cited a 1972 ordinance and conditional use permit limiting the use of the building to boat sales, service, storage and related various business purposes.
According to background information in the judge’s ruling, the marina sold a wide variety of marine supplies and other items related to the boating industry over the years…including some fast food items.
In his ruling denying the city’s request for an injunction, Judge Joseph Straub sites similar cases that have gone to the Iowa Supreme Court. One of the determining factors in those cases, the judge writes, is the impact on the neighborhood. In his ruling, Judge Straub states that the plaintiff, or the city of Okoboji, failed to show any irreparable harm or injury to adjoining property owners. He goes on to say that food was already being sold there by the last two or three owners.
