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TOWN OF GRIMES v. BD. OF ADJUSTMENT, POLK CTY.

No. 2-57185.

243 N.W.2d 625 (1976)

TOWN OF GRIMES, a Municipal Corporation, Appellant, v. BOARD OF ADJUSTMENT, POLK COUNTY, IOWA, Appellee, and Des Moines Metropolitan Solid Waste Agency, Intervenor-Appellee.

Supreme Court of Iowa.

June 30, 1976.

Attorney(s) appearing for the Case

Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellant.

Ray A. Fenton and John King, Polk County Attys., for Bd. of Adjustment.

Connolly, O'Malley, Lillis & Hensen, Des Moines, for intervenor.

Heard by MOORE, C. J., and LeGRAND, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

LeGRAND, Justice.

After public hearing, the Board of Adjustment of Polk County issued a special use permit authorizing Des Moines Metropolitan Area Solid Waste Agency to establish a sanitary landfill on property near the Town of Grimes. The town challenged the Board action by writ of certiorari and, after trial in district court, the writ was annulled and the action of the Board affirmed. Plaintiff has appealed from that determination. We affirm.

With leave...

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