Buchholz v. Board of Adjustment of Bremer County

LeGRAND, Justice.

This zoning dispute arises over the application of the Board of Supervisors of Bremer County for a special use permit to establish and operate a sanitary landfill.

The defendant board of adjustment granted the request and plaintiffs, who own land in close proximity to the proposed landfill, brought certiorari under section 358A.18, The Code, asserting the action of the defendant was illegal and void. A writ issued to the defendant and after a return was filed — about which we say more later — a motion to dismiss the petition was sustained on the ground it contained “no recital…