Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-1672

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

Mary Sue Earley and Bankers Trust Company as Trustees of the Mary Sue Earley Revocable Trust Dated September 26, 1994
v.
Board of Adjustment of Cerro Gordo County, Iowa, Gregory A. Saul and Lea Ann Saul

The trustees of the Mary Sue Earley Revocable Trust seek further review of the court of appeals’ opinion affirming the district court’s ruling affirming the Cerro Gordo County Board of Adjustment’s grant of an area variance to appellees Gregory Saul and Lea Ann Saul. They argue the court of appeals erred by creating a different standard than that employed with respect to a use variance.

County:
Cerro Gordo

Applicants

Mary Sue Earley and Bankers Trust Company as Trustees of the Mary Sue Earley Revocable Trust Dated September 26, 1994

Resisters

Board of Adjustment of Cerro Gordo County, Iowa, Gregory A. Saul and Lea Ann Saul

Attorneys for Applicants

Scott D. Brown
Ryan G. Koopmans

Attorneys for Resisters

Randall E. Nielsen
Mark S. Rolinger
Adam J. Babinat

Supreme Court

Oral Argument Schedule

15-15-5

Jan 20, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-1672
Date Published:
Feb 26, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1672
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            The Plaintiffs appeal the district court decision annulling a writ of certiorari challenging the Board of Adjustment’s grant of an area variance to the intervenors.  OPINION HOLDS: We find no error in the district court’s conclusions.  The court reviewed the evidence using the correct standard of review and properly applied the law.  The plaintiffs have not shown the Board acted illegally.  We affirm the decision of the district court.

© 2022 Iowa Judicial Branch. All Rights Reserved.