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CITY OF CEDAR RAPIDS v. JAMES PROPERTIES

No. 04-0738.

701 N.W.2d 673 (2005)

CITY OF CEDAR RAPIDS, Iowa, Appellant, v. JAMES PROPERTIES, INCORPORATED, Linn County, Iowa, and The Linn County Conservation Board, Appellees, and Sierra Club, Intervenor-Appellee.

Supreme Court of Iowa.

August 5, 2005.

Attorney(s) appearing for the Case

Mohammad H. Sheronick, Cedar Rapids, for appellant.

David A. Elderkin of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee Linn County Conservation Board.

Ronald W. Wendt of Nazette, Marner, Wendt, Knoll & Usher, LLP, Cedar Rapids, for appellee James Properties Incorporated.

Wallace L. Taylor, Cedar Rapids, for intervenor Sierra Club.

No appearance by Linn County, Iowa.

WIGGINS, Justice.

The City of Cedar Rapids claims it had extra-territorial jurisdiction to review a plat of survey filed by James Properties, Incorporated (James Properties) dividing a tract of land located within two miles of the city boundaries into two lots. The district court disagreed with the city and granted a motion for summary judgment denying the city the right to review the plat of survey. Because we agree that the city did not have extra-territorial jurisdiction...

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