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EARLEY v. BD. OF ADJUSTMENT OF CERRO GORDO

No. 19-1672.

955 N.W.2d 812 (2021)

Mary Sue EARLEY and Bankers Trust Company, as Trustees of the Mary Sue Earley Revocable Trust Dated September 26, 1994, Appellants, v. BOARD OF ADJUSTMENT OF CERRO GORDO COUNTY, Iowa, Appellee, Gregory A. Saul and Lea Ann Saul, Intervenor-Appellees.

Supreme Court of Iowa.

Filed February 26, 2021.

Attorney(s) appearing for the Case

Scott D. Brown and Travis M. Armbrust (until withdrawal) of Brown, Kinsey, Funkhouser & Lander, P.L.C., Mason City; and Ryan G. Koopmans (argued) of Belin McCormick, P.C., Des Moines, for appellants.

Mark S. Rolinger and Adam J. Babinat (argued) of Redfern, Mason, Larsen & Moore, P.L.C., Cedar Falls, for appellees Gregory A. Saul and Lea Ann Saul.

Randall E. Nielsen of Pappajohn, Shriver, Eide & Nielsen, P.C., Mason City, for appellee Board of Adjustment of Cerro Gordo County, Iowa.

The issue in this appeal is whether a board of adjustment illegally granted an area variance that allowed residential property owners to construct the below-depicted pergola twenty-one inches from the property line in violation of an ordinance requiring a six-foot setback. The district court answered the question in the negative...

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