Agenda - Planning Commission - 07/11/2007

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June 15, 20071 Volume 1 I No. 12 strictions to be based upon findings that the roads would be damaged unless restrictions were adopted. However, the study that the town- ship commissioned stated that the "[u]se of routes by large and heavy trucks and equipment will cause certain sections of the municipalities' roads to be damaged more severely than they would under normal use. This use adds additional maintenance cost on an already limited township budget." The appeals court found that there was ample evi- clence in the record to support the lower court's finding that the town- ship had not violated the vehicle code. Additionally, Blackwood claimed that the ordinance was invalid be- cause it did not contain a provision for the issuance of permits for vehicles that exceeded the weight limits. Blackwood claimed that this omission amounted toa violation of substantive due process. The ap- peals court found that, although language on the issue of overweight vehicle permits was included in the code, nothing in it required that an ordinance include a permit provision. Furthermore, Blackwood had never applied for a permit to operate its vehicles under the new ordinance; without participation in the process it could not claim in- sufficient or flawed process existed. . Finally, Blackwood's request for a statement as to whether it could pursue damages for lost business was denied. The appeals court found that a separate body set up to determine eminent domain cases was the more appropriate entity to hear that request. The appeals court could not determine if the township had exercised eminent domain (which occurs when a municipality takes private land for public use) without giving just compensation to Blackwood because other issues existed as to whether a taking had occurred at all. Ultimately, Blackwood could not show that the lower court had erred as a matter of law or abused its discretion. The decision of the lower court was affirmed. Nonconforming Use-Owner of nonconforming restaurant seeks to reintroduce liquor to menu City claims approval of liquor license constitutes expansion of use Citation: City of Okoboji v. Okoboji Barz, Inc., 2007 WL 1486137 (Iowa Ct. App. 2007) IOWA (05/23/07)-Parks owned Okoboji Barz, Inc., under which he operated the O'Farrell Sisters Restaurant in the city of Okoboji. The restaurant had operated as a "family restaurant" since 1958. It sat approximately 50 people and had a bar area with five stools. Up un- 7 103