Iowa Supreme Court · No. 22-0473
Lime Lounge, Inc. v. City of Des Moines, Iowa
Decided March 22, 2024 · appeal from Polk County · Government
What the court decided
AI summary A lounge challenged a city ordinance after the city moved to revoke its liquor license for failing to follow local rules. The lounge argued that the ordinance was unconstitutional, illegal, and conflicted with state law, but the court dismissed these challenges. The court of appeals affirmed the lower court's decision, meaning the city's ordinance remains in effect.1
Result: DECISION OF COURT OF APPEALS AND DISTRICT COURT JUDGMENT AFFIRMED
The court’s own summary
Plaintiff lounge, the subject of proceedings by defendant City to revoke its liquor license for failing to comply with a local ordinance, appealed a district court order dismissing its declaratory judgment action and denying its request for injunctive relief. Plaintiff contends the court erred in failing to find the ordinance is preempted by Iowa Code chapter 123, is unconstitutional in violation of the federal and state equal protection clauses, and amounts to illegal spot zoning. The court of appeals affirmed. Plaintiff requests further review.
Holding: Bar owner seeks further review of court of appeals decision that affirmed district court judgment dismissing challenges to city ordinance. DECISION OF COURT OF APPEALS AND DISTRICT COURT JUDGMENT AFFIRMED.
Judges
- Written by Justice Thomas D. Waterman
Iowa Code it cites
§1.5§123.1§123.143§123.3§123.31§123.32§123.36§123.37§123.38§123.39§143.3§3.4§364.2§364.6§4.5§414.1
Each links to the bills that change that chapter.