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Case No. 22-0195

Donald D. Brinkley and Judith D. Brinkley
v.
City of Milford Zoning Board of Adjustment

Appellant

Donald D. Brinkley and Judith D. Brinkley

Appellee

City of Milford Zoning Board of Adjustment

Attorney for the Appellant

Harold D. Dawson and Brandon J. Krikke

Attorney for the Appellee

David J. Stein Jr.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0195
Date Published:
Nov 02, 2022
Summary

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (11 pages)

            Donald and Judith Brinkley appeal the annulment of their writ of certiorari challenging the decision of the City of Milford Zoning Board of Adjustment to grant a special use permit to the Okoboji Community School District (OCSD) for a construction project adjacent to the Brinkleys’ property.  In short, the Brinkleys argue the Board illegally granted the permit after OCSD failed to plant and maintain a vegetative fence or screen along the edge of their property, as required by an earlier Board decision.  OPINION HOLDS: The Board’s decision is supported by substantial evidence and was not illegal, unreasonable, arbitrary, or capricious. 

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