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,
Bradly 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. (9 pages)
James Palensky and Teresa Scheib-Palensky (the Palenskys) appeal the district court’s grant of summary judgment to the Story County Board of Adjustment (Board) on the annulment of their petition for a writ of certiorari. OPINION HOLDS: We find (1) the district court did not err by finding that while a conditional use permit (CUP) was annulled, the Board’s previous proceedings were not annulled; (2) aside from the issues of compatibility and traffic congestion, the Board substantially complied with the requirement to make written findings of fact; (3) we determine there is substantial evidence in the record, with exceptions for compatibility and traffic congestion; (4) the Board did not act illegally by failing to consider modifications to a different CUP when it made findings regarding this CUP; (5) the Board considered the combined effects of the two CUPs; (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 decision of the district court.
