City of Des Moines v. Ogden

The Supreme Court reversed the judgment of the district court enjoining Mark Ogden from continuing his nonconforming use of his property as a mobile home park, holding that the City of Des Moines failed to prove that Ogden had exceeded the property’s legal nonconforming use or that it was necessary to enjoin Ogden from continued operation of the mobile home park for the safety of life or property.In its decision, the district court concluded that the nonconforming use of the property exceeded its authorized nonconforming use and that it was necessary to cease operation of the nonconforming use for the safety of life or property. The Supreme Court disagreed, holding that the City did not prove that Ogden had lost the vested right he had in the operation of the mobile park as a legal nonconforming use. View "City of Des Moines v. Ogden" on Justia Law