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W & G MCKINNEY FARMS v. BOARD

No. 02-1502.

674 N.W.2d 99 (2004)

W & G McKINNEY FARMS, L.P., Appellant, v. DALLAS COUNTY BOARD OF ADJUSTMENT, Dallas County, and Hallett Construction Company d/b/a Hallett Materials, Appellees.

Supreme Court of Iowa.

January 22, 2004.

Attorney(s) appearing for the Case

James V. McKinney of McKinney Law Offices, P.C., Waukee, for appellant.

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

Thomas D. Hanson and Barry A. Russell of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellee Hallett Construction Company.

WIGGINS, Justice.

This appeal involves the decision by the Dallas County Board of Adjustment (Board) to grant a conditional use permit to Hallett Construction Company d/b/a Hallett Materials (Hallett) for the extraction of sand and gravel from a parcel of land located in Dallas County. W & G McKinney Farms, L.P. (McKinney) petitioned the district court for a writ of certiorari challenging the Board's issuance of the conditional use permit. The district court denied...

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