Daryl D. Lang v. Linn County Board of Adjustment v. Linn County Board of Adjustment

829 N.W.2d 1, 2013 Iowa Sup. LEXIS 31, 2013 WL 1278479
CourtSupreme Court of Iowa
DecidedMarch 29, 2013
Docket11–0683
StatusPublished
Cited by5 cases

This text of 829 N.W.2d 1 (Daryl D. Lang v. Linn County Board of Adjustment v. Linn County 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
Daryl D. Lang v. Linn County Board of Adjustment v. Linn County Board of Adjustment, 829 N.W.2d 1, 2013 Iowa Sup. LEXIS 31, 2013 WL 1278479 (iowa 2013).

Opinions

MANSFIELD, Justice.

I. Introduction.

This certiorari proceeding requires us to address the agricultural exemption from county zoning. See Iowa Code § 335.2 (2011). The property owners who brought this action had a lengthy dispute with Linn County over whether houses they had built were subject to the county’s zoning and subdivision ordinances. We are asked to review two separate decisions by the Linn County Board of Adjustment — in 2004 to deny an agricultural exemption for a 6.52-acre parcel that included the property owners’ residence; and in 2007 to deny an agricultural exemption for a second house on a 43.3-acre parcel that the property owners argued was an additional farmhouse. Although the issues are close, we ultimately conclude substantial evidence supports the Board’s determinations that the houses at issue were not “primarily adapted, by reason of nature and area, for use for agricultural purposes.” Id. In reaching our conclusions, we are significantly aided by the thorough and well-reasoned opinions authored by the district court and both the majority and the dissent of the court of appeals.

II. Facts and Procedural Background.

The history of this matter is complicated, but we will attempt a summary. In 1995, the Langs acquired a 48.9-acre parcel near Springville in Linn County. At the time, the parcel contained one single-family dwelling. The property includes grassland, trees, and a pond.

Using the farmstead split process, the Langs subdivided a parcel from the 48.9 acres consisting of the original house (House # 1) and approximately 1.86 acres around it. They sold that parcel to a third party in 1997.

The Langs then built a second house (House # 2) on the remaining forty-seven acres. They occupied that house for a period of time. In 1999, the Langs petitioned repeatedly to have a separate parcel consisting of the second house and a surrounding 3.7 acres rezoned residential. The county turned down these requests. Ultimately, the Langs subdivided and conveyed the 3.7 acres with the second house to Mr. Lang individually. In 2002, the county approved the subdivision, but made clear that it was doing so on the basis of an agricultural exemption, and “[i]f at any time this tract is sold and no longer has agriculture occurring or the house is occupied by persons not ‘engaged in agriculture,’ this parcel may be considered to be nonconforming unless in compliance with zoning regulations in effect at that time.” Later that year, Mr. Lang sold the 3.7-acre parcel including House # 2 to another third party.

The Langs wanted to build two additional houses (House #3 and House #4) on the remaining 43.3 acres, which they still owned jointly. Linn County zoning prohibits more than one dwelling on a single piece of property. Thus, the Langs applied for an agricultural exemption from the zoning ordinance, representing that both houses would be occupied by the Lang family and would be engaged in the [3]*3fanning operation on the property. The county granted the exemption in May 2000, but cautioned that “the property may not be eligible to be subdivided” and the Langs should be aware “of the implications of two dwelling units on the same parcel of land.”

In August 2002, the county issued a notice of zoning violation for the Langs’ property (the 43.B acres with the two houses). Although the Langs had personally moved into House #4, the county maintained that the other house (House # 3) had never been occupied by Lang family members but instead was being rented out to tenants who were not participating in the farming operation. As a result, according to the county, Mr. Lang was in violation of the zoning ordinance prohibiting more than one house on a property. Following a trial in July 2003, the district court ruled in the county’s favor. It found the occupants were “mere tenants” and “it is quite a stretch to state that these occupants are ‘engaged in the agricultural operation.’ For the most part, these occupants inure their livelihood from activities off the property and wholly unrelated to agriculture.” The court enjoined Mr. Lang from having House # 3 occupied by someone who was not engaged in the farming operation and further ordered that the house “remain vacant until the Defendant provides satisfactory evidence to the Plaintiff that the house would be occupied by someone engaged in the farming operation.” The court also imposed a $500 civil penalty under the Linn County Code of Ordinances. Mr. Lang did not appeal this order.

In February 2004, the county initiated contempt proceedings against Mr. Lang. Following a hearing in June 2004, the district court adjudicated Mr. Lang in contempt, determining that he had willfully disobeyed the court’s prior order. The court fined Mr. Lang $500. The court found that Mr. Lang had arranged for other tenants to occupy House # 3 without notifying the county and that the tenants were again not actively engaged in the farming operation. The court added:

The Court wholly discounts Mr. Lang’s assertion that these tenants served as a ‘security guard’ and therefore are engaged in the farming operation. Mr. Lang lives on the same parcel.... There is nothing unique about a tree farm or a fish farm which necessitates any more security than any other farming operation in this state.
For the most part, the labor-intensive part of the tree farm and fish farm have already been concluded. While it may be the case that from time to time additional trees will need to be planted, there is little other activity with regard to the tree farm for anyone to do other than occasionally walk the area to check for damage or disease. Mr. Lang can certainly accomplish this fact without hiring it done....
Mr. Lang pays no money to have these persons engaged in his farming operation. To the contrary, he only claims that they are the benef[iciaries] of reduced rent. Quite obviously, if the house is not occupied, Mr. Lang would be receiving no rent, so even reduced rent is a benefit to him. Furthermore, Mr. Lang has provided no evidence that the rent for this property is in fact substantially lower than other rural properties of similar kind and character.
... It well appears to this Court that Mr. Lang acts first and then chooses later to reconcile his conduct with the ordinance.

Mr. Lang did not appeal this contempt finding.

Meanwhile, in September 2003, the Langs began to attempt to solve their two-[4]*4house problem in a different way. They subdivided their property once again by conveying 6.52 acres of the 43.3 acres to Daryl Lang, individually. This 6.52-acre parcel included the larger of the two houses (House #4 — the one the Langs occupied), but not the smaller “tenant” house (House #3). The Langs figured that if both properties could qualify separately as farm properties with their own farmhouses, the entire 43.3 acres and both houses would benefit from an agricultural exemption.

The 6.52-acre parcel was in the shape of a long and narrow rectangle. One end of the rectangle connected to the road. House #4 was at the other end, with a driveway running the length of the rectangle. The proposed subdivision included a fragment of the pond, which House #4 overlooked.

In December 2003, the county cited Mr.

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Bluebook (online)
829 N.W.2d 1, 2013 Iowa Sup. LEXIS 31, 2013 WL 1278479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daryl-d-lang-v-linn-county-board-of-adjustment-v-linn-county-board-of-iowa-2013.