Iowa Complaint or Petition for Judgment Declaring a Nonconforming Use

State:
Multi-State
Control #:
US-01287BG
Format:
Word; 
Rich Text
Instant download

Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Iowa Code section 598.23 applies if the case involves an order that was issued as part of a divorce . Iowa Code section 600B. 37 applies if the order was issued outside of a divorce. The party who brings the contempt action has the burden to prove the other parent willfully did not follow the order.

If contempt is found, the court issues an order that may require incarceration, payment of support, posting of a bond and/or community service. The court may also prohibit a person ordered to pay support from practicing a profession or occupation under a license.

In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.

There is no set age for when a judge will take a child's preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.

Before punishing for contempt, unless the offender is already in the presence of the court, the offender must be served personally with an order to show cause against the punishment, and a reasonable time given the offender therefor; or the offender may be brought before the court forthwith, or on a given day, by ...

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Iowa Complaint or Petition for Judgment Declaring a Nonconforming Use