HOLDING v. FRANKLIN COUNTY ZONING BD.

No. 96-480.

565 N.W.2d 318 (1997)

John B. HOLDING, Almyra V. Holding, Wanda E. Spainhower, Gary L. Uhlenhopp, Franklin County Historical Society, Dewitt R. Mallory Farms Company, Lee B. Blum, and Bob Butson, Appellants, v. FRANKLIN COUNTY ZONING BOARD OF ADJUSTMENT, Appellee, and Giese Construction Company, Inc., Kent E. Klopfenstein, Karen A. Klopfenstein, James Heinz, and Jeanine Heinz, Intervenors-Appellees.

Supreme Court of Iowa.

June 18, 1997.


Attorney(s) appearing for the Case

Raymond P. Drew of Drew Law Firm, P.C., Hampton, for appellants.

G.A. Cady, III, of Hobson, Cady & Cady, Hampton, for appellees Franklin County Zoning Board of Adjustment, Kent E. Klopfenstein, Karen A. Klopfenstein, James Heinz, and Jeanine Heinz.

Brian L. Yung of Bennett, Crimmins & Yung, Fort Dodge, for appellee Giese Construction Co.

Considered en banc.


HARRIS, Justice.

The trial court ruled that it lacked subject matter jurisdiction to review a decision of a county zoning board. The holding was based on the timing of the district court challenge, which the court determined to have been brought prematurely. The question is presented on facts that seem almost ludicrous. A statute provides for court review by way of a petition for certiorari within a period set from the board's final action. The statutory scheme for...

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