James W. Palensky and Teresa A. Scheib-Palensky, as Trustees of the Palensky 1998 Trust dated February 25, 1998
v.
Story County Board of Adjustment
Appellee
James W. Palensky and Teresa A. Scheib-Palensky, as Trustees of the Palensky 1998 Trust dated February 25, 1998
Appellant
Story County Board of Adjustment
Attorney for the Appellee
Gregory G.T. Ervanian
Attorney for the Appellant
Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Bethany Currie, Judge. WRIT SUSTAINED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Mullins, J. (9 pages)
The Story County Board of Adjustment (Board) appeals district court orders sustaining a writ of certiorari, annulling previous proceedings before the Board, and remanding the matter to the Board. The Board argues the district court erred in finding the Board failed to substantially comply with the requirement to make written findings of fact and legal conclusions. OPINION HOLDS: Our review of the record does not reveal the factual basis upon which the Board relied in granting the conditional use permit. Accordingly, the Board did not comply with the ordinance requiring written findings of fact. Thus, the writ for certiorari is sustained.
