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SCHMIDT v. MARSHALLTOWN BD. OF APP.

No. 86-647.

403 N.W.2d 797 (1987)

Lester SCHMIDT, Plaintiff-Appellant, v. BOARD OF APPEALS, CITY OF MARSHALLTOWN, Defendant-Appellee.

Court of Appeals of Iowa.

February 25, 1987.

Attorney(s) appearing for the Case

Richard E.H. Phelps II, Newton, for plaintiff-appellant.

Patrick W. Brooks of Brooks, Ward & Trout, Marshalltown, for defendant-appellee.

Considered by DONIELSON, P.J., and SCHLEGEL and SACKETT, JJ.

DONIELSON, Presiding Judge.

The plaintiff, Lester Schmidt, appeals from a district court ruling dismissing his petition for review of action taken by the Board of Appeals, City of Marshalltown. The petition for review, which had been deemed a petition for writ of certiorari, was dismissed by the district court because Schmidt had taken no action to bring the case to a hearing. Schmidt, on appeal, contends the district court abused its discretion and misinterpreted...

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