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THOMPSON v. HANCOCK COUNTY

No. 94-692.

539 N.W.2d 181 (1995)

David R. THOMPSON and Holly L. Thompson, Appellees, v. HANCOCK COUNTY, Iowa; Cliff Smith, Hancock County Zoning Administrator; Calvin Kurtzleben, Willis Davison, Dean Trenary, Duane Pringnitz, and Donald Dallman, As Members of the Hancock County Board of Adjustment; and John M. Torkelson, Richard J. Gourley, and Robert Reibsamen, Hancock County Board of Supervisors, Appellants.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Barry J. Nadler of Newbrough, Johnston, Brewer, Maddux & Nadler, Ames, and Ted Hovda, County Attorney, for appellants.

James A. Pugh and Lori K. Geadelmann of Morain, Burlingame, Pugh & Koop, West Des Moines, for appellees.

Eldon L. McAfee of Beving, Swanson & Forrest, P.C., Des Moines, for amicus curiae Iowa Pork Producers Association.

Christina L. Gault, West Des Moines, for amicus curiae Iowa Farm Bureau Federation.

Considered by HARRIS, P.J., and CARTER, NEUMAN, SNELL, and TERNUS, JJ.

CARTER, Justice.

Hancock County, its zoning officials, and members of its board of supervisors appeal from a declaratory judgment exempting hog confinement facilities owned and operated by plaintiffs, David R. Thompson and Holly L. Thompson, from compliance with county zoning ordinances. The district court concluded that the facilities in question were exempt from zoning restrictions pursuant to the provisions of Iowa Code section 335.2 (1995). Appellants challenge...

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