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Case No. 21-0642

Kading Properties LLC, an Iowa Limited Liability Company
City of Indianola


Kading Properties LLC, an Iowa Limited Liability Company


City of Indianola

Attorney for the Appellant

Christopher R. Pose

Attorney for the Appellee

Hugh J. Cain, Brent J. Hinders, and Daniel J. Johnston (until withdrawal)

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 30, 2022

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Kading Properties, LLC appeals from the annulment of their writ of certiorari following the Indianola City Council’s denial of their development site plans.  It argues the Council was required to make specific findings of fact, its decision was arbitrary and capricious against substantial evidence, and it acted beyond the scope of its powers.  OPINION HOLDS: The Council was required to provide their reasoning when denying Kading’s site plan.  But, as this was a directory duty rather than mandatory, the failure does not invalidate the proceedings.  The Council had evidence to support its decision, and was not acting outside of its given powers. 

Date Amended:
Mar 31, 2022
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