Goodell v. Humboldt County

The majority opinion displays fine scholarship and a careful approach to the issues in this case. I agree with much of its content but do not agree with the ultimate result reached.

I would affirm the trial court’s finding that the Humboldt County ordinances are not an exercise of the county’s zoning power. They do not, therefore, conflict with the state law establishing a zoning exemption for agricultural land and structures under Iowa Code chapter 335.

I agree with the majority’s analysis of express preemption and find that the state has not exercised this right in the provisions of House…