A motion asking the Federal court to return the case of Mall Real Estate LLC v. the City of Hamburg back to the Iowa District Court in Fremont County was filed Feb. 19 by attorneys for the plaintiff.

The case disputes whether city ordinances should apply to Shotgun Geniez, owned by Clarence Judy.

A motion asking the Federal court to return the case of Mall Real Estate LLC v. the City of Hamburg back to the Iowa District Court in Fremont County was filed Feb. 19 by attorneys for the plaintiff. The case disputes whether city ordinances should apply to Shotgun Geniez, owned by Clarence Judy. In order to have the case returned to Iowa District Court, Mall Real Estate filed a motion to amend its complaint to eliminate the federal claims and retain only its state law claims. The complaint originally stated the ordinance was “...unconstitutional and void,” referring to the United States Constitution. The revised version reads, “...it is unconstitutional and void under article I, sections 7 and 9 of the Iowa Constitution.” In addition, another change revises the statement, “The ordinance violates plaintiff’s rights secured by the First and Fourteenth Amendments and the Supremacy Clause of the United States Constitution and Article I, sections 7 and 9 of the Iowa Constitution,” to now read “The ordinance violates Plaintiff’s rights secured by Article I, sections 7 and 9 of the Iowa Constitution.” The specific reasons why the law is unconstitutional and how it violates the plaintiff’s rights remain unchanged. The City of Hamburg consented to the amendment.