Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-2156

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

Attorneys for Appellee

Gregory G.T. Ervanian

Attorneys for Appellant

Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2156
Date Published:
Mar 04, 2020
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. 

© 2022 Iowa Judicial Branch. All Rights Reserved.