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Case No. 18-0784

John Barton Goplerud, Leslie Clemenson, Lyle Hale, and Dorothy Hale
v.
Dallas County, Iowa, Dallas County Board of Adjustment, and Napa Valley Owners Association

Appellants

John Barton Goplerud, Leslie Clemenson, Lyle Hale, and Dorothy Hale

Appellees

Dallas County, Iowa, Dallas County Board of Adjustment, and Napa Valley Owners Association

Attorneys for Appellants

J. Barton Goplerud
Leslie Clemenson

Attorneys for Appellees

Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff, for Dallas County, Iowa, and Dallas County Board of Adjustment
Joseph F. Moser and Robert L. Johnson, for Napa Valley Owners Association

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0784
Date Published:
Jun 19, 2019
Summary

            Appeal from the Iowa District Court for Dallas County, Dustria A. Relph, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (14 pages)

            Plaintiffs appeal the district court decision dismissing their petition for writ of certiorari challenging the decision of the Dallas County Board of Adjustment (Board) finding they were in violation of zoning ordinances and claim against the Napa Valley Owners Association (NVOA) for tortious interference with their property rights.  OPINION HOLDS: We determine the district court erred by dismissing the petition for writ of certiorari based on its finding plaintiffs had not shown they were aggrieved by the Board’s decision.  We reverse on this issue and remand for further proceedings.  We conclude the district court did not err in granting the motion to dismiss filed by the NVOA for failure to state a claim upon which relief may be granted and affirm the court’s ruling on this issue.

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