City of Okoboji v. Iowa District Court for Dickinson County

Summary

The Supreme Court of Iowa held that the district court acted illegally by issuing an injunction on remand that failed to comply with the mandate and reasoning of the court's prior decision. The court sustained the writ of certiorari and remanded for entry of a permanent injunction prohibiting operation of the proposed bar and associated activities constituting an unlawful expansion of a nonconforming use.

Holdings

1. The district court acted illegally by limiting the injunction to the sale of alcoholic beverages for on-premises consumption under a class C liquor license; the mandate required an injunction prohibiting operation of the proposed bar under the circumstances addressed in the prior opinion, regardless of the licensing method used.
2. A writ of certiorari may be used to correct a district court's action on remand that is contrary to an appellate mandate.

Questions Presented

1. Whether the district court acted illegally by issuing an injunction on remand that was narrower than the Iowa Supreme Court's prior mandate.
2. Whether a writ of certiorari may be used to correct a district court's failure to comply with an appellate mandate.

Disposition

writ_granted