City of Cedar Rapids v. James Properties, Inc.

701 N.W.2d 673, 2005 Iowa Sup. LEXIS 108, 2005 WL 1844481
CourtSupreme Court of Iowa
DecidedAugust 5, 2005
Docket04-0738
StatusPublished
Cited by39 cases

This text of 701 N.W.2d 673 (City of Cedar Rapids v. James Properties, Inc.) 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
City of Cedar Rapids v. James Properties, Inc., 701 N.W.2d 673, 2005 Iowa Sup. LEXIS 108, 2005 WL 1844481 (iowa 2005).

Opinion

WIGGINS, Justice.

The City of Cedar Rapids claims it had extra-territorial jurisdiction to review a plat of survey filed by James Properties, Incorporated (James Properties) dividing a tract of land located within two miles of the city boundaries into two lots. The district court disagreed with the city and granted a motion for summary judgment denying the city the right to review the plat of survey. Because we agree that the city did not have extra-territorial jurisdiction to review the plat of survey under the laws in existence at the time James Properties filed the plat of survey, we affirm the judgment of the district court.

I. Background Facts and Proceedings.

In January 2002, James Properties gifted approximately ninety-seven acres of land to Linn County, Iowa to be “included and managed as part of’ the Rock Island Botanical Preserve. In February 2002, the Linn County Board of Supervisors passed a resolution finding that the gifted property was “appropriate to be used for some or all of the purposes” set forth in Iowa Code section 350.4 (2001). 1 The supervisors further found that the Linn County Conservation Board (Board) should manage the land under section 350.4.

In April 2002, James Properties filed plat of survey no. 932 with the county recorder dividing a parcel of land, which was also located near the preserve, into two parts. The plat of survey was a graphical representation of the survey of the parcels prepared by a registered land surveyor. The plat of survey included a complete and accurate description of each parcel in the plat. The first parcel, parcel A, consisted of 6.53 acres and the second parcel, parcel B, consisted of three acres. James Properties gifted parcel B to Linn County to be included and managed as part of the preserve. The supervisors passed a resolution relating to parcel B similar to the one passed concerning the ninety-seven acres gifted to the county in January 2002.

In May 2003, the city filed an action challenging the subdivision, plat, and transfer of parcel B alleging it had “extraterritorial jurisdiction to review and approve subdivision platting within two miles of its corporate limits.” The city claimed the subdivision, plat, and transfer occurred in violation of Cedar Rapids Municipal Code chapter 31, and at no time did James Properties present the proposed plat or subdivision to the city for review and approval, including the imposition of reasonable terms and conditions. It further alleged the subdivision, plat, and transfer *675 violated the provisions of Iowa Code chapter 354, which regulates the platting, division, and subdivision of land. The city-demanded declaratory judgment to nullify the conveyance of the land and/or declaratory judgment that the purported subdivision and plat of land is subject to review and approval by the city. In the alternative, the city demanded a permanent injunction requiring the proposed plat of survey to be submitted to the city for review and approval, including the imposition of reasonable terms and conditions requiring James Properties to set aside a portion of the plat for future highway purposes. Finally, the city alleged that the violation of its municipal code constituted a municipal infraction. The district court allowed the Sierra Club to intervene.

The Board filed a motion for summary judgment. James Properties joined in the motion. The city resisted the motion and filed a cross motion for summary judgment. The district court granted the Board’s motion for summary judgment in favor of James Properties, the Board, and Linn County. The city appeals.

II. Issue.

The dispositive issue in this case is whether the city has extra-territorial jurisdiction to review the plat of survey as provided for in Iowa Code sections 354.8 and 354.9.

III. Scope of Review.

Our review of a granting or denying of a motion for summary judgment is for correction of errors at law. City of Fairfield v. Harper Drilling Co., 692 N.W.2d 681, 683 (Iowa 2005). We have stated:

If there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law, summary judgment is appropriate. We can . resolve a. matter on summary judgment if the record reveals a conflict only concerns the legal consequences of undisputed facts.

Id. (citations omitted).

This case entails statutory interpretation. In interpreting a statute, our goal is to determine the legislature’s intent when it enacted the statute. State v. Tagne, 676 N.W.2d 197, 201 (Iowa 2004). “ We do not speculate as to the probable legislative intent apart from the words used in the statute.’ ” City of Fairfield, 692 N.W.2d at 684 (citations omitted). If the language used in the statute is clear and unambiguous, the court applies a plain and rational meaning in harmony with the subject matter of the statute. ABC Disposal Sys., Inc. v. Dep’t of Natural Res., 681 N.W.2d 596, 603 (Iowa 2004).

IV.Statutory Framework.

In April 2002, when James Properties filed its plat of survey, the Iowa Code provided “[a] city may establish jurisdiction to review subdivisions outside its boundaries pursuant to the provisions of section 354.9.” Iowa Code § 354.8 (emphasis added). Section 354.9 stated:

If a city, which has adopted ordinances regulating the division of land, desires to review subdivisions outside the city’s boundaries, then the city shall establish by ordinance specifically referring to the authority of this -section, the area subject to the city’s review and .approval. The area of review may be identified by individual tracts, by describing the boundaries of the area, or by including all land within a certain distance of the city’s boundaries, which shall not -extend more than two miles distance from the city’s boundaries. The ordinance establishing the area of review or modifying the area of review by a city, shall be recorded in the office *676 of the recorder and filed with the county auditor.

Id. § 354.9(1) (emphasis added).

Chapter 354 defines a subdivision as “a tract of land divided into three or more lots.” Id. § 354.2(17). It defines a “subdivision plat” as

the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.

Id. § 354.2(18). It also defines a “plat of survey” as

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701 N.W.2d 673, 2005 Iowa Sup. LEXIS 108, 2005 WL 1844481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cedar-rapids-v-james-properties-inc-iowa-2005.