· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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