Bahl v. City of Asbury

656 N.W.2d 336, 2002 Iowa Sup. LEXIS 254, 2002 WL 31828264
CourtSupreme Court of Iowa
DecidedDecember 18, 2002
Docket01-1355
StatusPublished
Cited by3 cases

This text of 656 N.W.2d 336 (Bahl v. City of Asbury) 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
Bahl v. City of Asbury, 656 N.W.2d 336, 2002 Iowa Sup. LEXIS 254, 2002 WL 31828264 (iowa 2002).

Opinions

TERNUS, Justice.

The determinative issue in this case is one of statutory interpretation: does Iowa Code section 414.28A (1999) require that a city treat land-leased communities of manufactured housing the same as similar communities of site-built housing or does this statute merely require that a city allow land-leased communities of manufactured housing somewhere within the city limits? The district court held that section 414.28A requires equal treatment of manufactured housing developments and similar site-built housing projects. On the basis of this interpretation of the statute, the court ruled that the zoning ordinance of the appellee, City of Asbury, violated section 414.28A by relegating land-leased communities to R-4 zoning districts only when they contain manufactured homes. The court further held that the appellee, City Council of the City of Asbury, Iowa, acted illegally in denying a rezoning application filed by the appellants, Martin J. Bahl, Linda C. Bahl, and Terrence G. Bahl, because the Bahls planned to build a land-leased community of manufactured homes on their property.

The City and its council, sometimes hereinafter referred to jointly as the city, appealed. The City presents one issue for review: a claim that “the district court erred in concluding that, by restricting mobile home parks to R-4 districts ..., the city zoning ordinance violated section 414.28A.” We think the district court correctly ruled that the Asbury zoning ordinance violates state law. Therefore, we affirm the district court judgment in favor of the property owners.

I. Background Facts and Proceedings.

The Bahls own property located in the city limits of Asbury, Dubuque County, Iowa. In 1997, they submitted a request to rezone their property from A-l (agricultural) to R-4 (high density residential) to allow for the construction of a manufactured housing development. Rezoning was necessary because the Asbury city zoning ordinance allowed “mobile home parks” only in R-4 districts.1

[338]*338The Bahls’ application proposed a phased development of manufactured homes known as Oak Meadows. The request for rezoning was supported by plans, drawings and other pertinent information. The plans submitted with the application showed the overall character of the development as well as anticipated landscaping, including evergreen screening on the perimeters of the property. Proposed development conditions for Oak Meadows, which set appearance standards and provided for methods of enforcement, were also set forth. Finally, the Bahls’ application contained detailed specifications and photographs of the types of manufactured housing and mobile homes that would be permitted in the development, with none over three years old being allowed.

The City’s planning and zoning commission held a public hearing in June 1998 on the application. See generally Iowa Code § 414.6 (providing for city council’s appointment of a zoning commission to recommend changes in zoning district boundaries to the council). Opposition to the proposed “trailer park” was nearly universal. There was concern that the development would lower property values and ruin the beauty of the area. Some members of the public who spoke at the hearing expressed stereotypical views. A retired school principal asked whether the citizens of Asbury wanted their children to go to school with kids from a “trailer court”? He said, “[Trailer court kids] come to school with a lot of baggage. I know from experience. These kids tend to be hyperactive and easily distracted. Mainly, it’s due to the confinement. They are confined in these small little houses for long periods of time. You let them out in the open spaces and they are going to run.” Another person commented that the road fronting the development would “be a drag way all of the time” if the proposed plan were allowed. The predominant sentiment appeared to be “not in my back yard.”

The commission ultimately tabled the Bahls’ request pending adoption of a new land use plan. Because the Bahls’ farm had only recently been annexed into the City, the City’s land use plan did not include their property. The commission decided to defer action until it had the recommendation of the city’s land use advisor with respect to the overall zoning plan for the area encompassing the land at issue.

In November 1998, an updated land use plan prepared by an outside consultant was presented to the commission. At that time the proposed plan showed the Bahls’ property as R-4, a designation that would permit manufactured housing developments. Again, opposition was widespread and again it was focused on the location of a manufactured housing community on the Bahls’ property. The dominant view was that the City of Asbury did not need that type of housing. Repeated references were made to a recent housing study done at the city council’s request that recommended demolishing the only trailer park in the city and creating upper-end, single-family housing. Speakers relying on the housing study emphasized that the study did not recommend the construction of trailer parks. Several residents pointed out the “upper-end” character of the city and its housing. In line with these observations was the statement of one person who cited statistics from the housing study that “Asbury has 58% higher median household income, 36% higher average household income, and 5% higher per cap-ita income than the state” and that “[t]he percent of families and people living below the poverty level in Asbury is significantly [339]*339lower than that of the county and the state.”

Another citizen claimed the Asbury “blood line” was R-2 and asked why couldn’t Asbury continue just as it had? A later speaker expressed a similar feeling: “We like this community the way it is.” Assertions were also made that individuals who wanted to live in a mobile home park could live in Dubuque, but they didn’t need those things “right here in Asbury.” This sentiment was echoed by a subsequent resident who said that if people want to live in that type of housing, “then let them live in Dubuque.” Many questioned whether there was a need for any R-4 districts in the community, regardless of location. One person said, “My first feeling is I don’t believe this community needs to have that type of zoning. I understand the political structure and that if a community needs to have it, then it ought to be in a certain place.... It probably deserves to be more down ... towards the industrial area.” At the end of the hearing, a man accurately summarized the prevailing feeling: “I don’t think there is one person here that is opposed to anything but trailer parks. I don’t think anybody in this room wants trailers.” Not surprisingly, a member of the commission then moved to amend the proposed plan in one particular: to change the zoning designation of the Bahls’ farm from R-4 to R-3. After the unanimous approval of the amendment, the commission voted to recommend the new land use plan to the city council.

Two months later the city council met to consider adoption of the plan. The Bahls’ attorney spoke at that meeting and urged the council to reconsider the proposed specification of the Bahls’ property as R-3. He pointed out that the housing study had indicated a need for “housing for young families.” He observed the same study stated that 75% of the houses in Asbury were valued at $100,000 or more, and 100% of the homes currently for sale had an asking price in excess of $100,000.

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Related

Bahl v. City of Asbury
725 N.W.2d 317 (Supreme Court of Iowa, 2006)

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Bluebook (online)
656 N.W.2d 336, 2002 Iowa Sup. LEXIS 254, 2002 WL 31828264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bahl-v-city-of-asbury-iowa-2002.