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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