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.
Applicant
Mary Sue Earley and Bankers Trust Company as Trustees of the Mary Sue Earley Revocable Trust Dated September 26, 1994
Resister
Board of Adjustment of Cerro Gordo County, Iowa, Gregory A. Saul and Lea Ann Saul
Attorneys for the Applicant
Scott D. Brown
Ryan G. Koopmans
Attorneys for the Resister
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:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.