David S. Griffith, Liliana Santillan, Gary P. Brecht, Sandra Frederick, Stephanie R. Dougherty, Dennis R. Coots and Leta Rose
v.
The City of LeClaire, Iowa, The City Council of the City of LeClaire, Dennis Gerard, John A. Smith, Jason Wentland, Barry Long, and Amy Blair
Appellant
David S. Griffith, Liliana Santillan, Gary P. Brecht, Sandra Frederick, Stephanie R. Dougherty, Dennis R. Coots and Leta Rose
Appellee
The City of LeClaire, Iowa, The City Council of the City of LeClaire, Dennis Gerard, John A. Smith, Jason Wentland, Barry Long, and Amy Blair
Attorney for the Appellant
Michael J. Meloy
Attorney for the Appellee
Paul L. Macek and Michael C. Walker
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Greer, J. (14 pages)
Seven property owners—all within 200 feet of a proposed site for a Kwik Star convenience store—challenge the process employed by the City of LeClaire for rezoning. On appeal, the property owners limit the issues to whether proper notice was provided to the surrounding property owners as required by city ordinance and if their due process rights were violated. OPINION HOLDS: We find the City substantially complied with the notice requirements and the issue on the property owners’ due process rights was not preserved for appeal. We affirm.
