Deer Creek Homeowners Ass'n v. City Development Board

556 N.W.2d 155, 1996 Iowa App. LEXIS 128
CourtCourt of Appeals of Iowa
DecidedSeptember 30, 1996
Docket95-0228
StatusPublished
Cited by1 cases

This text of 556 N.W.2d 155 (Deer Creek Homeowners Ass'n v. City Development Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deer Creek Homeowners Ass'n v. City Development Board, 556 N.W.2d 155, 1996 Iowa App. LEXIS 128 (iowactapp 1996).

Opinion

*157 HABHAB, Judge.

Petitioners, homeowners in the unincorporated area known as Deer Creek, appeal the decision granting Urbandale’s petition for involuntary annexation. We affirm.

On November 1, 1990, the City of Urban-dale filed a petition for the involuntary annexation of Deer Creek, an area of about one hundred fifty acres completely surrounded by Urbandale in which there exists approximately fifty upscale single-family residences. The city development board formed a city development committee to determine whether the petition served the public interest. A public hearing was held on April 17, 1991.

On June 10, 1991, a new law, S.F. 4, went into effect which required the expansion of the city development board from three to five members. 1991 Iowa Acts ch. 250, § 5 (codified at Iowa Code § 368.9(1) (1995)). On July 10, 1991, the committee approved the Deer Creek annexation without expansion of the board.

On August 20, 1992, the district court granted Deer Creek’s first petition for judicial review. The district court reversed the committee’s decision and remanded the matter to be decided by an expanded board.

On remand, Deer Creek filed a motion to dismiss contending the ninety-day period of section 368.19 had expired. The board denied the motion to dismiss. Deer Creek’s second petition for judicial review challenging this ruling was dismissed and the ease was again remanded for consideration by the board.

On December 15, 1993, the city development committee conducted a second public hearing with an expanded board. On December 27, 1993, the committee received and considered a letter from the Urbandale Sanitary Sewer District addressing the district’s ability to provide sewer service to Deer Creek. On January 18, 1994, the committee voted to approve the annexation. The committee denied Deer Creek’s subsequent application for rehearing.

Deer Creek then filed its third petition for judicial review in which it contended: (1) the annexation petition should have been dismissed because there was no valid decision within ninety days of the initial public hearing; (2) a rehearing should have been granted on the matter of the sewer district’s ability to offer services to Deer Creek; (3) the committee erred in finding Urbandale could provide substantial municipal services not previously enjoyed; and (4) the committee erred in finding the annexation was not solely motivated by increased tax revenues.

The district court concluded there had been a decision on the annexation petition within ninety days of the initial public hearing and, on remand, there had been a decision within ninety days of the second public hearing. Consequently, there was compliance with section 368.19. The district court next concluded the committee did not err in considering the sewer district’s letter received on December 27. The court noted the letter was not inconsistent with the information received at the public hearing and Deer Creek could have commented on it but chose not to do so. Finally, the district court concluded there was substantial evidence in the record to support the committee’s findings that Urbandale could provide substantial services not previously enjoyed by Deer Creek and Urbandale’s sole motivation for the annexation was not increased tax revenues.

Deer Creek now appeals the same issues. Our scope of review is limited by section 368.22. 1 With respect to factual questions, our review is limited to whether the decision appealed from is “without substantial supporting evidence.” Dickinson County v. City Dev. Comm., 521 N.W.2d 466, 468 (Iowa 1994). With respect to questions of law, we ask only whether the district court correctly applied the law. Id.

*158 I. Iowa Code § 368.19. Deer Creek contends the petition for involuntary annexation should have been dismissed because the committee did not approve the petition within the time limitations of section 368.19. That statute provides in relevant part:

The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision.

Iowa Code § 368.19 (1991).

Deer Creek asserts the committee’s July 10, 1991, approval of the annexation petition was vacated by the district court’s August 20, 1992, ruling on their first petition for judicial review. As a result, they contend the committee did not comply with the section 368.19 time limitation. They argue the petition should have been dismissed and the second public hearing should not have been held.

A review of the district court’s ruling reveals the decision of the committee was not vacated but was reversed and remanded to be decided before an expanded board as required by S.F. 4. This decision was in accordance with the transition provisions of S.F. 4 which addressed how the new law was to be applied to pending applications for annexation.

Any voluntary application or involuntary city development petition which is pending before the board or a committee of the board on or after April 1, 1991, shall be remanded to the board for action under chapter 368 as amended by this Act. Notice of the remand shall be served upon the council of each city whose boundary adjoins the territory or is within two miles of the territory, the board of supervisors of each county which contains a portion of the territory, and the regional planning authority of the territory involved.

1991 Iowa Acts ch. 250, § 11.

S.F. 4 made substantial changes to chapter 368 of the Code, and it is significant the legislature adopted this transition provision. Due to the importance of the new law, including the requirement for an expanded board, S.F. 4 was to take effect upon enactment. However, the law allowed the governor thirty days to appoint two additional city development board members. The legislature clearly foresaw that some pending annexation applications would not be able to meet the ninety-day deadline of section 368.19 while still complying with the requirement of an expanded board. This potential conflict was resolved by including a transition provision in the legislation which would remand pending applications. In the case of a remand, the ninety-day period would run from the time of the rehearing.

The committee approved the petition within ninety days of the original hearing, and it approved it again within ninety days after the rehearing following the remand. The committee acted in compliance with section 368.19 and S.F. 4. The board and the district court correctly applied the law and did not err in refusing to dismiss the petition.

II. Receipt of Additional Evidence. The second public hearing was held on December 15,1993.

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Related

Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Committee
687 N.W.2d 275 (Supreme Court of Iowa, 2004)

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Bluebook (online)
556 N.W.2d 155, 1996 Iowa App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deer-creek-homeowners-assn-v-city-development-board-iowactapp-1996.