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Board of Supervisors of Cerro Gordo County v. Miller

Iowa Supreme Court

170 N.W.2d 358 (1969)

Relevant factsFree

Robert Miller (defendant) ran an auto-wrecking business on land that Cerro Gordo County (plaintiff) later rezoned to agricultural use, requiring nonconforming uses like Miller's to terminate within five years. Miller kept operating past that deadline, and the county sued to enjoin the use. Miller argued the amortization requirement was an unconstitutional taking without due process. The trial court ruled for the county, and Miller appealed.

IssueFree

Whether a local government may require a nonconforming land use to be phased out within a reasonable fixed period of time.

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