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MARTIN MARIETTA MATERIALS v. DALLAS COUNTY

No. 02-1855.

675 N.W.2d 544 (2004)

MARTIN MARIETTA MATERIALS, INC., Stanley Pearson and Marjorie Pearson, Appellants, v. DALLAS COUNTY, Iowa and Board of Adjustment of Dallas County, Iowa, Appellees, and Knapp-Pulver, L.C., and W & G McKinney Farms, L.P., Intervenors-Appellees.

Supreme Court of Iowa.

February 25, 2004.

Attorney(s) appearing for the Case

Bernard L. Spaeth, Jr. and Theodore C. Simms, II of Whitfield & Eddy, P.L.C., Des Moines, for appellants.

James E. Brick and James E. Nervig of Gentry, Bowers, Swartz, Stoltze, Schuling, Levis, P.C., Des Moines, for appellees.

Gary M. Myers and Heather L. Palmer of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for intervenor-appellee Knapp-Pulver, L.C.

James V. McKinney of McKinney Law Offices, P.C., Waukee, for intervenor-appellee W & G McKinney Farms, L.P.

LAVORATO, Chief Justice.

In this certiorari proceeding, the plaintiffs appeal a district court ruling affirming a board of adjustment decision denying their application for a conditional use permit. The permit would have allowed the operation of a sand and gravel excavation business in Dallas County, Iowa. Because we conclude the district court abused its discretion in refusing to allow discovery depositions and in excluding testimony from two witnesses, we reverse...

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