Palensky v. Story County Board of Adjustment
James W. Palensky and Teresa A. Scheib-Palensky, Individually and as Trustees of The Palensky 1998 Trust Dated February 25, 1998, Petitioners-Appellants
Story County Board of Adjustment, Respondent-Appellee
Bradley Perkins, Indispensable Party.
Attorney for Appellants
Gregory G.T. Ervanian
Joseph A. Cacciatore
Attorney for Appellee
Hugh J. Cain (until withdrawal)
Brent L. Hinders
Eric M. Updegraff
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge. AFFIRMED. Heard by Tabor, P.J., and Schumacher and Buller, JJ. Opinion by Schumacher, J. (16 pages)
James Palensky and Teresa Scheib-Palensky (Palenskys) appeal the district court’s grant of summary judgment on a petition for declaratory judgment to the Story County Board of Adjustment (Board) and the annulment of a writ of certiorari. OPINION HOLDS: We find (1) the district court properly denied the Palenskys’ request for declaratory relief; (2) the previous proceedings before the Board were not a nullity; (3) the Board made adequate factual findings; (4) the Palenskys’ claims concerning the modification of a conditional use permit were untimely; (5) the Board’s findings were supported by substantial evidence; (6) the Palenskys were not denied due process; and (7) the Palenskys were not denied their right to petition the Board for redress of their grievances. We affirm the decisions of the district court and the Board.
