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:
Date Published:
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.
