CITIZENS, ETC. v. POTTAWATTAMIE CTY. BD. OF A.

Nos. 61293, 61325.

277 N.W.2d 921 (1979)

CITIZENS AGAINST the LEWIS AND CLARK (MOWERY) LANDFILL, Appellants, v. POTTAWATTAMIE COUNTY BOARD OF ADJUSTMENT and Donald T. Steege, Zoning Administrator, and Community Refuse Disposal, Inc., Appellees. George A. BARTA and Lesley (Chick) William Hale, Appellants, v. POTTAWATTAMIE COUNTY BOARD OF ADJUSTMENT and Donald T. Steege, Zoning Administrator, Appellees.

Supreme Court of Iowa.

April 25, 1979.


Attorney(s) appearing for the Case

Dennis J. Mahr of Mahr & Mahr, Sioux City, for appellant Citizens.

A. John Wabaunsee, Boulder, Colo., for appellants Barta and Hale.

James S. Heckerman, Asst. Pottawattamie County Atty., Council Bluffs, for appellees Board and Administrator.

Peter J. Peters and Dennis M. Gray, Council Bluffs, for appellee Community Refuse Disposal, Inc.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN and LARSON, JJ.


LeGRAND, Justice.

In these consolidated cases, plaintiffs appeal from a decree upholding grant of a conditional use permit by the Pottawattamie Board of Adjustment for the operation of a sanitary landfill in that county. We reverse.

This is another in a line of zoning cases dealing with sanitary landfills. Although plaintiffs recognize the necessity for such facilities, they, like everyone else, do not want one near their property. Such cases usually...

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