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Case No. 19-0349

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:
19-0349
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            A county board of adjustment appeals a district court decision reversing and remanding its grant of a conditional use permit for want of written findings.  OPINION HOLDS: We deny the motion to dismiss this appeal filed by the permit applicant, as we conclude the district court’s order was a final adjudication of the parties’ rights.  Because we agree the board did not substantially comply with the requirement to establish findings, the district court is affirmed.

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