Wolf v. City of Ely , 493 N.W.2d 846 ( 1992 )


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  • LARSON, Justice

    (dissenting).

    I dissent from Division III and the result.

    Ely is a small town with limited financial resources, trying to maintain the aesthetic quality of a rural Iowa community. This ruling unnecessarily frustrates that effort.

    Our cases hold, and the majority concedes, that no formal plan is required to satisfy the requirement of a comprehensive plan as a prerequisite to zoning.

    Ely’s zoning ordinance is a part of a “comprehensive” plan. Despite the informality of the plan, any reasonable reading of the town’s ordinances, maps, and resolutions (which our cases say may constitute a comprehensive plan) should make it clear: a junkyard in the middle of town was not to be a part of its future development.

    I would reverse and remand.

    HARRIS, J., joins this dissent.

Document Info

Docket Number: 91-876

Citation Numbers: 493 N.W.2d 846

Judges: Andreasen, Harris, Larson

Filed Date: 12/23/1992

Precedential Status: Precedential

Modified Date: 8/24/2023