ACKMAN v. BD. OF ADJ. FOR BLACK HAWK CTY.

No. 97-1353.

596 N.W.2d 96 (1999)

Don ACKMAN, et al., Appellants, v. BOARD OF ADJUSTMENT FOR BLACK HAWK COUNTY, Appellee, and Larry Anton, Ray Apel, Dave Strempke, Vern Luhring, and Glen Moore, Defendants, and Basic Materials, Inc., Intervenor-Appellee.

Supreme Court of Iowa.

July 8, 1999.


Attorney(s) appearing for the Case

Mark S. Rolinger of Redfern, Mason, Dieter, Larsen & Moore, P.L.C., Cedar Falls, for appellants.

Peter W. Burk, Assistant County Attorney, for appellee Board of Adjustment for Black Hawk County.

Eric W. Johnson of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, for appellee Basic Materials.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and CADY, JJ.


NEUMAN, Justice.

This appeal concerns a decision by the Black Hawk County Board of Adjustment to issue a special use permit to intervenor, Basic Materials, Inc., for the operation of a limestone quarry in an "A" agricultural zoning district. Plaintiffs—property owners in the vicinity of the proposed quarry—challenged the decision by petition for writ of certiorari in the district court. By amended petition, plaintiffs also sought a writ of mandamus to...

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