FOX v. POLK COUNTY BD. OF SUP'RS

No. 96-1041.

569 N.W.2d 503 (1997)

Stephen FOX, Maurine K. Fox, Richard Black, Shirley Brown, Maurine Coe, John Hunt, Richard Johnson, and Harold Wilson, Appellants, Dawn Nelson, Max Gene Bowman, Robin Burkhalter, Phyllis Schnackel, Glen Youngblood, and Larry White, Petitioners, v. POLK COUNTY BOARD OF SUPERVISORS, POLK COUNTY, IOWA, and Polk County Board Of Adjustment, Appellees, City of Des Moines, Iowa, Intervenor-Appellee.

Supreme Court of Iowa.

October 22, 1997.


Attorney(s) appearing for the Case

G. Mark Rice of Adams & Rice, P.L.C., Des Moines, for appellants.

David W. Hibbard, Assistant County Attorney, for appellees.

Roger K. Brown, Assistant City Attorney, for intervenor-appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.


ANDREASEN, Justice.

The Polk County Board of Supervisors (Board of Supervisors) amended its land use plan, zoning ordinance, and zoning map. The Polk County Board of Adjustment (Board of Adjustment) then granted a conditional use permit to the City of Des Moines (City). These actions allow the City to construct a softball complex on an eighty-acre tract of land in unincorporated Polk County.

Residents of Polk County filed petitions for writ of certiorari and...

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