Ackman v. Board of Adjustment

596 N.W.2d 96, 1999 Iowa Sup. LEXIS 186
CourtSupreme Court of Iowa
DecidedJuly 8, 1999
DocketNo. 97-1353
StatusPublished
Cited by9 cases

This text of 596 N.W.2d 96 (Ackman v. Board of Adjustment) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ackman v. Board of Adjustment, 596 N.W.2d 96, 1999 Iowa Sup. LEXIS 186 (iowa 1999).

Opinion

NEUMAN, Justice.

This appeal concerns a decision by the Black Hawk County Board of Adjustment to issue a special use permit to intervenor, Basic Materials, Inc., for the operation of a limestone quarry in an “A” agricultural zoning district. Plaintiffs — property owners in the vicinity of the proposed quarry — challenged the decision by petition for writ of certiorari in the district court. By amended petition, plaintiffs also sought a writ of mandamus to compel the board of adjustment to revoke the issuance of the special use' permit based on a more recent amendment to the zoning ordinance.

The district court denied the plaintiffs’ petitions for relief. On appeal from the court’s ruling, plaintiffs make the following claims: (1) the court erred in its refusal to revoke the special use permit based on the ordinance in effect at the time of decision; (2) the county’s prior zoning ordinance violated Iowa Code chapter 335 (1997); (3) the ordinance authorizing the special use permit contradicts the county’s comprehensive land use plan; (4) the ordinance, as applied, constituted an illegal delegation of zoning power to the board of adjustment; (5) the ordinance was unconstitutionally vague; and (6) the board’s decision to grant the special use permit was arbitrary, capricious, and unreasonable. Finding no merit in any of these contentions, we affirm the judgment of the district court.

I. Background Facts and Proceedings.

Basic Materials, Inc., operates a fifty-year-old limestone extraction facility in [99]*99Black Hawk County known as the Yokom Quarry. Recognizing the quarry’s depleting store of rock, Basic Materials sought to open and operate a new quarry roughly one mile from the old one. The new site, on property owned by Kathryn Messerly, is the subject of this appeal.

When Messerly and Basic Materials first sought permission to open the quarry in 1994, the Black Hawk County zoning ordinance provided that quarries were a specially permitted use only in an “M” manufacturing district. Messerly’s property was zoned “A” agricultural. The planning and zoning commission preliminarily recommended against Basic Materials’ application to rezone the property. The commission found it inconsistent with the county’s comprehensive zoning policy to rezone prime agricultural land, ie., property with a corn suitability rating (CSR) in excess of fifty, from agricultural to manufacturing. Basic Materials therefore withdrew its application to rezone the site.

Subsequently the county board of supervisors passed a revised zoning ordinance which, among other changes, moved the special permit procedure for quarries from the “M” manufacturing district to the “A” agricultural district. The change, implemented at the suggestion of the planning and zoning commission working in cooperation with the Northland Regional Council of Governments, was intended to ensure that abandoned quarry sites would eventually revert to agricultural use, not manufacturing. In other words, the change would prevent commercial use of the land after the quarried resource was exhausted.

So, in January 1996, Basic Materials filed an application for a special use permit to establish a quarry on Messerly’s land in the “A” agricultural district. Again an initial review of the application was made by the planing and zoning commission. A hew and cry went up among several neighboring landowners. Following two lengthy hearings, well attended by those opposing and those supporting the quarry, the four-member commission split evenly on whether a special permit should be granted. It voted to forward the application to the board of adjustment with its findings but no recommendation. Accompanying the commission’s decision was a list of nine conditions unanimously deemed important if the development went forward.1

When the board of adjustment convened a month later, it had before it the numerous letters and exhibits produced by both sides at the commission hearings. Two of the board members visited the site.. Plaintiffs, personally and by counsel, urged concerns about highway safety, increased noise, dust and traffic; structural damage to their homes from blasting; potential contamination of private wells; and overall devaluation of their properties. Basic Materials countered with proof of the state and federal regulations with which it must comply; evidence related to the limestone’s location vis á vis local aquifers; and evidence concerning noise levels and frequency of charges used in the extraction process. Basic Materials also highlighted its spotless record in operating the Yokom Quarry, noting many of the protesting residents lived within a one-mile radius of it yet were unaware of its existence.

[100]*100The board then discussed, in closed session, the six criteria for granting a special use permit.2 Each member commented on each factor. Although no roll call vote was taken, a majority of the board members responded positively on each standard. The board then approved the special use permit by a three-to-two vote, subject to the nine conditions' recommended by the planning and zoning commission.

Plaintiffs challenged the board’s decision in district court by way of certiorari. See Iowa Code § 335.18 (allowing persons aggrieved by board of adjustment ruling to challenge alleged illegality in the decision). Their petition sought to restrain Basic Materials from taking action on its special use permit until a decision was reached on the merits. Eventually the parties agreed that Basic Materials would refrain from commencing construction on the quarry and the court would toll the limitation period for action on a special use permit pending resolution of the controversy.3

Meanwhile the planning and zoning commission revisited the question of quarries in agricultural zones, recommending a revision of the 1995 zoning ordinance to the board of supervisors. The revision established a new “A-Q” agricultural-quarry district. Public utility structures would be the principal permitted use in the zone, but quarries would be allowed upon issuance of a special permit by the board of adjustment. The amendment eliminated the former provision authorizing special use permits for quarries in an “A” district.

The revised ordinance took effect June 10, 1997, while plaintiffs’ certiorari action was pending. Thus plaintiffs urged, by way of amendment to their petition, that the revised ordinance applied. They further sought a writ of mandamus compelling the board to revoke the permit previously issued.

Following trial of the certiorari and mandamus actions, the district court concluded that the revised ordinance’s savings clause protected Basic Materials’ special use permit. The court also rejected plaintiffs’ statutory and constitutional challenges to the board’s decision. This appeal by plaintiffs followed.

II. Scope of Review.

By statute, a challenge to a decision rendered by a county board of adjustment is tried de novo in. the district court. Iowa Code § 335.21; see Vogelaar v. Polk County Zoning Bd. of Adjustment, 188 N.W.2d 860

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
596 N.W.2d 96, 1999 Iowa Sup. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackman-v-board-of-adjustment-iowa-1999.