Kading Properties LLC, an Iowa Limited Liability Company
v.
City of Indianola
Appellant
Kading Properties LLC, an Iowa Limited Liability Company
Appellee
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:
Summary
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.
