Skip to main content
· 12/13/1951

Livingston v. Davis

Citations

  • 50 N.W.2d 592
  • 243 Iowa 21
  • 27 A.L.R. 2d 1237
  • 1951 Iowa Sup. LEXIS 489

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • denying injunctive relief for an alleged anticipatory nuisance when the petitioners could not show to a certainty that a nuisance would result from plans to develop a hog confinement facility
  • Iowa Supreme Court construed the term “school” in a zoning ordinance to include a private preschool or nursery
  • “[T]hat a thing is unsightly or offends the aesthetic sense does not ordinarily make it a nuisance or afford grounds for injunctive relief. ” (emphases added)
  • discussing only injunctive relief on a claim of “anticipated nuisance”
  • “Like many other courts, we have said zoning is an exercise of the police power delegated by the state to the municipality and such delegated power must be strictly construed. . . . A zoning ordinance should not be extended by implication to prevent a use not clearly prohibited.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garfield, Justtotcr

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.