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Iowa Zoning Law

On January 2, 2001, the State charged Fassett by trial information with
five crimes: two counts of distribution of methamphetamine to a person under
age eighteen, as a second offense, class “B” felonies in violation of Iowa Code
sections 124.401D (Supp. 1999) and 124.411 (1999); two counts of sexual abuse 1 The relevant portions of statute... More...
   $0 (07-03-2016 - IA)

Rickie Allen Suiter and Darlene Marie Suiter v. the City Council of the City of Princeton, Iowa

Rick and Darlene Suiter appeal from the district court’s ruling entering summary judgment in favor of the City Council of the City of Princeton (“the City”) on their petition for writ of certiorari, in which the Suiters claimed certain action of the City was illegal. We affirm.

I. Background Facts and Proceedings

The Suiters own riverfront property in Princeton. Their property ... More...
   $0 (02-05-2014 - IA)

Daryl D. Lang v. Linn County Board of Adjustment

This certiorari proceeding requires us to address the agricultural exemption from county zoning. See Iowa Code § 335.2 (2011). The property owners who brought this action had a lengthy dispute with Linn County over whether houses they had built were subject to the county’s zoning and subdivision ordinances. We are asked to review two separate decisions by the Linn County Board of Adjustment—i... More...   $0 (03-29-2013 - IA)

Ducke Creek Tire Service, Inc. v. Goodyear Corners, L.C.

Goodyear Corners challenges a district court’s award of damages to two sub-sublessees for Goodyear Corners’ breach of a sub-sublease. Its breach caused the sub-sublessees to hurriedly relocate their businesses before the end of the agreement. Goodyear Corners argues the evidence is insufficient to uphold the award because the record shows only expenses incurred and not the actual loss of profi... More...   $0 (10-03-2012 - IA)

Steve Everly v. Knoxville Community School District, Musco Sports Lighting, LLC and Randy Flack

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

Stew-Mc Development, Inc., et al. v. Nancy M. Fischer and Thomas J. Fischer

In this case, we must decide the timeliness of various crossappeals filed by the parties seeking to challenge a district court ruling that the plaintiffs possessed only a limited easement in connection with certain real estate located in Dubuque County and rejecting a counterclaim for abuse of process. For the reasons expressed below, we find the cross-appeals timely filed. On the merits of the ea... More...   $0 (08-14-2009 - IA)

City of Johnston v. Andrew Christenson

We filed our opinion in this appeal on April 8, 2009, but subsequently granted the plaintiff-appellant City of Johnston‟s petition for rehearing. Our April 8, 2009 decision is hereby vacated and this opinion replaces it. The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment o... More...   $0 (05-06-2009 - IA)

NT Home Builders, L.L.C. v. City of Buffalo, Iowa

This case requires us to interpret the terms of a pre-annexation agreement between NT Home Builders (the plaintiff-appellant, hereafter NT) and the City of Buffalo (the defendant-appellee). Because we find that the agreement did not entitle NT to “B-1 Residential” zoning, we affirm the judgment of the district court. I. Background Facts and Proceedings In 2004, NT, a real estate development co... More...   $0 (04-08-2009 - IA)

City of Johnson v. Andrew Christenson

The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment of the district court and remand for further proceedings in this protracted dispute over Christenson‟s desire to build an accessory structure on his land to house his horses. I. BACKGROUND FACTS AND PROCEEDINGS. This is t... More...   $0 (04-08-2009 - IA)

Michael Burke v. John Mardis, Mayor and The City of Evansdale

Plaintiff, Michael Burke, appeals from the district court’s denial of his petition for a writ of certiorari. He contends the city of Evansdale mayor, John Mardis, and the city acted illegally in terminating him as chief of police of the city without first offering him a pre-termination hearing to refute the evidence against him. He asserts he was entitled to a pre-termination hearing under the c... More...   $0 (02-04-2009 - IA)

Carl Eric Olsen v. Michael Mukasey, Attorney General of the United States

Carl Eric Olsen appeals the district court’s1 order dismissing his complaint for declaratory and injunctive relief from the federal and Iowa Controlled Substances Acts (CSAs) for his sacramental use of marijuana. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.


Olsen asserts that he adheres to the teachings of the Ethiopian Zion Coptic Church (EZCC), which advoca... More...
   $0 (09-08-2008 - IA)

Joseph Gacke and Linda Gacke v. Poxk Xtra, L.L.C.

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv... More...   $0 (07-06-2004 - IA)

Blumenthal v. The City of West Des Moines

The appellant, Blumenthal Investment Trusts [hereinafter "the Trust"], sued the appellee, the City of West Des Moines, Iowa for injunctive relief and money damages after the City placed unacceptable conditions on a plat approval sought by the Trust. The case was tried to the court, which resulted in a ruling in favor of the City. The Trust appeals. We affirm.

I. Standard of Review.

Our sco... More...   $0 (11-15-2001 - IA)

Perkins v. Madison County

Neighbors to the Madison County fairgrounds fear the wished-for figure-eight auto racing will amount to "insanity at its finest."Darin Nelson & Son, Figure 8 Races in Adel, Iowa; Dallas County Fairgrounds, available at http://www.deziningwebz.com/figureeight/ (last visited October 23, 2001). This case presents a challenge to the county government's allowing such races during the county fair by the... More...   $0 (11-15-2001 - IA)

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