Burroughs v. City Of Davenport Zoning Board Of Adjustment
The thirty-day period set forth in Iowa Code 414.15, which requires a petition for writ of certiorari seeking review of a decision of a city zoning board of adjustment to be filed in district court “within thirty days after the filing of the decision in the office of the board,” is triggered when the board posts the decision on its public website, and what is posted must be an actual decision.Plaintiffs filed a petition for certiorari challenging two of the Board of Adjustment’s decisions. The City filed a motion to dismiss, asserting that the petition was untimely because it was not filed within thirty days of the challenged decisions. The district court granted the City’s motion. The Supreme Court reversed the district court’s order to the extent it dismissed the challenge brought by Plaintiffs to the Board’s refusal to revoke a special use permit but affirmed the order to the extent it dismissed their challenge to the Board’s initial recognition of that special use permit, holding that the challenge to the refusal to revoke the permit was timely because the unapproved minutes of a meeting posted to the Board’s website did not amount to “the filing of the decision.” View "Burroughs v. City Of Davenport Zoning Board Of Adjustment" on Justia Law