For summaries from opinions prior to August, 2018, view PDF versions here.
Donald D. Brinkley and Judith D. Brinkley
v.
City of Milford Zoning Board of Adjustment
Appellant
Donald D. Brinkley and Judith D. Brinkley
Appellee
City of Milford Zoning Board of Adjustment
Attorney for the Appellant
Harold D. Dawson and Brandon J. Krikke
Attorney for the Appellee
David J. Stein Jr.
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J. Opinion by Danilson, S.J. (11 pages)
Donald and Judith Brinkley appeal the annulment of their writ of certiorari challenging the decision of the City of Milford Zoning Board of Adjustment to grant a special use permit to the Okoboji Community School District (OCSD) for a construction project adjacent to the Brinkleys’ property. In short, the Brinkleys argue the Board illegally granted the permit after OCSD failed to plant and maintain a vegetative fence or screen along the edge of their property, as required by an earlier Board decision. OPINION HOLDS: The Board’s decision is supported by substantial evidence and was not illegal, unreasonable, arbitrary, or capricious.