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BLUFFS DEV. CO. v. BOARD OF ADJUSTMENT

No. 91-593.

499 N.W.2d 12 (1993)

BLUFFS DEVELOPMENT COMPANY, INC., Appellant, v. THE BOARD OF ADJUSTMENT OF POTTAWATTAMIE COUNTY, IOWA, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 21, 1993.

Attorney(s) appearing for the Case

Richard Crowl, County Atty., for applicant.

Bruce D. Fleming of Root, Fleming & Tinley, Council Bluffs, for resister.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

LAVORATO, Justice.

This zoning case comes to us on further review from the court of appeals. The fighting issue is whether certain members of a county zoning board of adjustment should have disqualified themselves from voting on an application for a conditional use permit for construction of a landfill. The applicant for the permit asserts these board members should have disqualified themselves because of alleged conflicts of interest and prejudice.

The district...

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