Parks filed a petition in November 2005 alleging that he has been discriminated against. The basis of the discrimination case lies in a series of licensing, zoning and parking issues dealing with Park's businesses, Okoboji Boats and O'Farrell Sisters.
"It's discrimination and equal protection under the law," said Park's lawyer Phil Redenbaugh in a previous interview. "They treat similarly-situated people in an entirely different manner than they did Parks for whatever reason.
The Inn, for example, sits in a residential area and they have a non-conforming commercial use of the property as a resort or inn."
The city has fought Parks' expansions near Smith's Bay in part because several residents around Okoboji Boat Works have complained about the congestion and noise coming from his businesses. The city maintains that Parks has used the land in ways that are not consistent with its zoning. City representatives also say that Parks has not met parking requirements for customers and employees.
The lawsuit names the City of Okoboji, its former mayor Robert Schneider, along with current and former council members Sue Larsen, David Thoreson, Jim Delperdang, Sharlene Eckard and Les Marousek. The city is represented by Spirit Lake attorney James A Clarity.
Judge Patrick Carr is presiding over the case. Once an eight-member jury is selected, the trial is expected to last between three and six weeks.
Spencer Daily Reporter staff writer Russ Mitchell contributed to this story.
