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Case No. 22-0314

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:
22-0314
Date Published:
Dec 07, 2022
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.

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