City of Okoboji, Iowa v. Leo Parks, Jr. And Okoboji Barz, Inc. D/B/A Okoboji Boat Works, Fish House Lounge and Clucker's Broasted Chicken
2013 Iowa Sup. LEXIS 45
| Iowa | 2013Background
- West Lake Okoboji lakeshore is zoned residential; two historic marinas were grandfathered as nonconforming uses by special-use permits.
- City previously held that expanding the marina use to on-site alcohol with live entertainment would exceed the nonconforming use limits.
- Parks acquired Okoboji Boat Works and sought to operate a bar on the marina; the City denied a class C liquor license as a substantial change in use.
- On City I, the Supreme Court held such expansion could not be considered an accessory use to the marina.
- On remand (City II), the district court limited relief to denying a city liquor license; the Court later remanded again for broader relief.
- Parks later operated the Fish House Lounge on a floating pontoon structure moored to the seawall with a state class D license; the City sought injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the City regulate upland property to prevent nonconforming-use expansion? | City asserts upland real property use to support a floating bar is beyond existing nonconforming use. | Parks argues state lake-bed sovereignty and preemption bar local zoning over the lake bed and related structures. | Yes; City may regulate upland use to prevent nonconforming-use expansion. |
| Is shifting activities to the Fish House Lounge a permitted accessory use or a prohibited expansion? | City contends nonconforming use is exceeded by providing ingress/egress, parking, and restrooms for a floating bar. | Parks argues activities are merely accessory to marina operations and should be permissible. | The use is not an accessory use; it expands the nonconforming use and is prohibited. |
| Does state ownership of the lake bed preempt municipal zoning authority here? | City claims local zoning controls upland property used to support lake-bed activities fall within its power. | Parks asserts state sovereignty and statutes preempt local zoning for lake-bed activities. | Preemption arguments are not dispositive here; the injunction focuses on upland use within City boundaries. |
| May the injunction extend to other excursion boats and be limited to land within the City? | General relief is appropriate to curb broad nonconforming activities moving off the Fish House Lounge. | Injunction overly broad and should be limited to the specific vessel or shoreline activities. | Affirmed; injunction modified to prohibit nonaccessory activities solely on land within the City boundaries. |
Key Cases Cited
- City of Okoboji I, 717 N.W.2d 310 (Iowa 2006) (expanded activities that change marina use cannot be an accessory use)
- City of Okoboji II, 744 N.W.2d 327 (Iowa 2008) (injunction must reflect the breadth of prior rulings; deny narrow relief)
- City of Okoboji III, 746 N.W.2d 56 (Iowa 2008) (accessory use doctrine; marina activities and licensing considerations)
- Henry Walker Park Ass’n v. Mathews, 249 Iowa 1246 (Iowa 1958) (liberal construction of general relief in injunctions)
- Cmty. State Bank, Nat’l Ass’n v. Cmty. State Bank, 758 N.W.2d 520 (Iowa 2008) (injunction standards and factors for enforcement)
- City of Jewell Junction v. Cunningham, 439 N.W.2d 183 (Iowa 1989) (accessory use and zoning limits)