James Fettkether and Candice Fettkether
v.
Grundy County Board of Supervisors, Barbara Smith, Charles Bakker, Heidi Nederhoff, James Ross and Mark Schildroth
Appellant
James Fettkether and Candice Fettkether
Appellee
Grundy County Board of Supervisors, Barbara Smith, Charles Bakker, Heidi Nederhoff, James Ross and Mark Schildroth
Attorney for the Appellant
Louis R. Hockenberg
Attorney for the Appellee
Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Carr, S.J. Opinion by Bower, C.J. (12 pages)
James and Candice Fettkether brought a certiorari action in the district court, claiming the Grundy County Board of Supervisors acted illegally and unreasonably in denying their request for rezoning twelve and one-half acres of their land from A-1 agriculture district to R-2 suburban residence district. The district court granted summary judgment to the Board, and the Fettkethers appeal. OPINION HOLDS: Because the Board did not act illegally, its decision was supported by substantial evidence, and its action was not unreasonable, arbitrary, or capricious, we affirm the annulment of the writ of certiorari.