BONTRAGER AUTO v. IOWA CITY BD. OF ADJUST.

No. 05-1064.

748 N.W.2d 483 (2008)

BONTRAGER AUTO SERVICE, INC.; Skay Automotive Service, Inc.; Brian K. Decoster; Rogers Rental, LLC; Marlys Breese; The Breese Co. Inc.; Gregg R. Redlin; Eugene F. Fisher; Erin K. Fisher; Edward I. Schmucker; K & G; Michael A. McNiel, Todd Davis, Carmen Davis, Sand Road Investors; Keith L. Miller; Debra S. Miller; Paul M. Kennedy, Jr.; Mary Frances Kennedy; William B. Kron, Jr.; and Derrold M. Foster, Appellees v. The IOWA CITY BOARD OF ADJUSTMENT, Appellant. Hilltop Mobile Home Court, Appellee, v. The Iowa City Board of Adjustment and Shelter House Community Shelter and Transition Services, Appellants.

Supreme Court of Iowa.

Rehearing Denied April 1, 2008.


Attorney(s) appearing for the Case

Sarah E. Holecek, First Assistant City Attorney, Iowa City, for appellant Iowa City Board of Adjustment.

Timothy J. Krumm and Anne E. Daniels of Meardon, Sueppel & Downer P.L.C., Iowa City, for appellant Shelter House Community Shelter and Transition Services.

Gregg Geerdes, Iowa City, for appellees Bontrager Auto Service, Inc. et al.

Raymond M. Tinnian, Kalona, for appellee Hilltop Mobile Home Court.


TERNUS, Chief Justice.

The appellant, Iowa City Board of Adjustment, approved the application of appellant, Shelter House Community Shelter and Transition Services, for a special exception to a local zoning regulation to allow Shelter House to construct transient housing in a commercial district. The appellees, opponents of Shelter House's application, successfully challenged the board's decision in district court. Although the district court rejected the objectors...

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