City of Des Moines v. Board of Adjustment

HAYDEN, Judge.

Sam's Riverside Auto Parts, Inc., was granted a use variance by the Board of Adjustment (Board) of the City of Des Moines (City). The City filed a petition for writ of certiorari to the district court, which sustained the writ and entered judgment in favor of the City. Sam’s now appeals from that judgment. Appellant claims the district court erred in ruling: 1) Sam’s failed to show the property could not yield a reasonable return if used for a purpose permitted in an M-l zone; 2) Sam’s failed to show its plight was due to unique circumstances and not general conditions in the…