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Case No. 18-0841

For summaries from opinions prior to August, 2018, view PDF versions here

Vernon L. Hilkemann and Mary E. Hilkemann
v.
City of Carter Lake City Council, City of Carter Lake Board of Adjustment, City of Carter Lake Planning Board, and Lakeside Auto Recyclers Inc.

Appellant

Vernon L. Hilkemann and Mary E. Hilkemann

Appellees

City of Carter Lake City Council, City of Carter Lake Board of Adjustment, City of Carter Lake Planning Board, and Lakeside Auto Recyclers Inc.

Attorneys for Appellant

Troy A. Howell and Brett R. Marshall

Attorneys for Appellees

Robert M. Livingston, for City of Carter Lake
David Richter, for Lakeside Auto Recyclers Inc.
Robert S. Sherretts, for Lakeside Auto Recyclers Inc.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0841
Date Published:
Sep 11, 2019
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (8 pages)

            Vernon and Mary Hilkemann appeal a district court ruling relating to zoning decisions by the City of Carter Lake City Council, Planning Board, and Board of Adjustment.  The Hilkemanns contest the district court’s finding the relation-back doctrine did not apply and the court’s authority to remand annulled variances to the board of adjustment for further proceedings.  OPINION HOLDS: We find the relation-back doctrine does not apply here and the court has the authority to order a remand for further proceedings. 

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