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Board of Supervisors of Cerro Gordo County v. Miller

Iowa Supreme Court
170 N.W.2d 358 (1969)


Facts

Robert Miller (defendant) operated an auto-wrecking business in Cerro Gordo County (plaintiff). The county rezoned certain land, including Miller’s property, to agriculture. The rezoning ordinance stated that any nonconforming use, which Miller’s use became, had to be terminated within five years. Miller continued operating his business more than five years after the ordinance was adopted. The county brought suit, seeking to enjoin Miller’s use. Miller argued that the ordinance constituted a taking of property without due process. The trial court ruled in favor of the county. Miller appealed.

Rule of Law

Issue

Holding and Reasoning (Rawlings, J.)

Dissent (Stuart, J.)

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