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BAKER v. BOARD OF ADJ., CITY OF JOHNSTON

No. 01-1380.

671 N.W.2d 405 (2003)

Lee BAKER, Kathy Baker, Porter Williams, Beverly Williams, Ron Onnen, Phyllis Onnen, Robert Britson, and Barbara Britson, Appellees, v. The BOARD OF ADJUSTMENT OF THE CITY OF JOHNSTON, IOWA, The City of Johnston, Iowa, A Municipal Corporation, Dallas E. Patterson, Connie A. Patterson, Wesley D. Jordan, Lynne M. Jordan, Lonnie E. Smith and Paula L. Smith, Appellants.

Supreme Court of Iowa.

As Amended on Denial of Rehearing November 25, 2003.

Attorney(s) appearing for the Case

J. Russell Hixson of Hixson Law Firm, P.C., Clive, for appellant, Board of Adjustment of the City of Johnston and the City of Johnston.

William J. Lillis and Daniel L. Manning of Connolly, O'Malley, Lillis, Hansen & Olson, L.L.P., Des Moines, for appellants, Dallas E. Patterson, Connie A. Patterson, Wesley D. Jordan, Lynne M. Jordan, Lonnie E. Smith and Paula L. Smith.

Jeffrey L. Goodman of Jeffrey L. Goodman, P.C., West Des Moines and Kurt S. Peterson of Pingel & Templer, P.C., West Des Moines, for appellees.

LAVORATO, Chief Justice.

The petitioners filed a writ of certiorari against the City of Johnston Board of Adjustment (Board) in the district court challenging the Board's grant of a variance regarding property owned by respondents Dallas E. Patterson and Connie A. Patterson. The Pattersons sought the variance before submitting to the Johnston City Council a plat covering the property in question.

Later, the petitioners joined several other individuals and...

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