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IN THE SUPREME COURT OF IOWA
No. 65 / 04-1554 Filed May 26, 2006 CITY OF OKOBOJI, IOWA, Appellant, vs. OKOBOJI BARZ, INC., d/b/a OKOBOJI BOATS and LEO PARKS, JR., Appellees.

Appeal from the Iowa District Court for Dickinson County, John P. Duffy, Judge.

The city appeals an adverse judgment denying its request for an injunction to enjoin a bar from operating within the city limits. REVERSED AND CASE REMANDED WITH DIRECTIONS.

Michael J. Chozen of Chozen & Saunders, Spirit Lake, for appellant.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, and Phil C. Redenbaugh of Phil C. Redenbaugh, P.C., Storm Lake, for appellees.

2 WIGGINS, Justice. In this appeal, we must decide whether the proposed operation of a bar on lakefront property constitutes an unlawful expansion of a nonconforming use under a city's zoning ordinance and a violation of the special use permits granted by the board of adjustment. The district court determined the proposed use of the property for a bar did not violate the city zoning ordinance or the special use permits. Because we disagree with the district court's determination, we reverse the judgment of the district court and remand the case for the court to enter a permanent injunction enjoining the owner and his corporation from using the property as a bar. I. Background Facts and Proceedings. The property in question in this case is located on the lakeshore of Smith's Bay on West Lake Okoboji. A marina has been located on the property since the 1890's. Until the mid-1970's, the property was operated as two separate marinas with different owners. One property was known as the Cove and the other as Okoboji Boats. The surrounding neighborhood is primarily residential, with some commercial activity. In 1972, the City of Okoboji (City) enacted a zoning ordinance. Under the ordinance, the marinas were zoned lakeshore residential. Lakeshore residential permits single-family homes and prohibits commercial uses. Okoboji Zoning Ordinance art. VII,

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