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Robinson v. Linn County Board of Supervisors
Martin Robinson, Thomas Robinson, Laura Robinson, and Paula Robinson, Plaintiffs-Appellants
Linn County Board of Supervisors, Defendant-Appellee
Coggon Solar, LLC, Intervenor-Appellee
Attorney for Appellants
Gregg Geerdes
Attorney for Appellee Linn County Board of Supervisors
Elena Wolford
Attorneys for Intervenor Coggon Solar, LLC
Brian J. Fagan
Paul D. Gamez
Nicholas Petersen
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, David M. Cox, Judge. AFFIRMED. Heard by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (22 pages)
Appellants challenge the district court decision annulling a writ of certiorari. OPINION HOLDS: The district court applied the correct standard in reviewing the county board’s actions, the rezoning is not inconsistent with the county comprehensive plan, the overlay district established by the rezoning does not violate the uniformity requirement of Iowa Code section 335.4 (2022); the board decision is not an illegal zoning of agricultural property under section 335.2; the board decision does not violate Linn County Ordinance section 107-68(3)(g), Linn County Ordinance section 107-70(1)(i) does not illegally alter the county comprehensive plan; the rezoning is not a taking of the appellants’ property, and the rezoning is not illegal. Accordingly, we affirm.
