Legal Opinion

Paul J. Burroughs, Kenneth Burroughs, Terri Spinner, David Spinner, Sean Harvey, And Ty Harvey v. The City Of Davenport Zoning Board Of Adjustment, The City Of Davenport, Iowa, An Iowa Municipal Corporation, And MZ Annie-Ru Daycare Center, An Iowa Limited Liability Company

Supreme Court of Iowa

Decided May 25, 2018No. 17-0752PublishedCited by 10 opinions

1Opinion of the Court

MANSFIELD, Justice.

This case requires us to interpret Iowa Code section 414.15, which requires a petition for writ of certiorari seeking review of a decision of a city zoning board of adjustment to be filed in district court "within thirty days after the filing of the decision in the office of the board."

*476Iowa Code § 414.15 (2015). We conclude that the thirty-day period is triggered when the board posts the decision on its public website. However, what is posted must be an actual decision . Proposed minutes that have not yet been approved do not constitute a decision. Our conclusion is…

2Cases cited25 opinions

  1. State of Iowa v. Brian Patrick ClemensSupreme Court of Iowa · 2017
  2. State v. FischerSupreme Court of Iowa · 2010
  3. In Re Cafra Permit No. 87-0959-5Supreme Court of New Jersey · 1997
  4. Bontrager Auto Service, Inc. v. Iowa City Board of AdjustmentSupreme Court of Iowa · 2008
  5. Geisler v. CITY COUNCIL OF CEDAR FALLSSupreme Court of Iowa · 2009

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3Cited by10 opinions

  1. Baltimore v. Dallas CountyCourt of Appeals of Iowa · 2024
  2. Boniface Ngwangwa v. Tyson Fresh Meats, Inc., and Garry SpencerCourt of Appeals of Iowa · 2024
  3. David C. Stuart and Jade Engineering, L.L.C. v. City of Dubuque Zoning Board of AdjustmentCourt of Appeals of Iowa · 2020
  4. James W. Palensky and Teresa A. Scheib-Palensky, as Trustees of the Palensky 1998 Trust dated February 25, 1998 v. Story County Board of AdjustmentCourt of Appeals of Iowa · 2020
  5. Lester E. Askelson v. City of Lansing City CouncilCourt of Appeals of Iowa · 2021

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