Spencer's Mountain, Inc. v. Pottawattamie County

285 N.W.2d 166, 1979 Iowa Sup. LEXIS 1061
CourtSupreme Court of Iowa
DecidedNovember 14, 1979
DocketNo. 63352
StatusPublished
Cited by1 cases

This text of 285 N.W.2d 166 (Spencer's Mountain, Inc. v. Pottawattamie County) 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
Spencer's Mountain, Inc. v. Pottawattamie County, 285 N.W.2d 166, 1979 Iowa Sup. LEXIS 1061 (iowa 1979).

Opinion

McCORMICK, Justice.

The question here is whether a county engineer exceeded his statutory authority and abused his discretion in refusing to approve a road plan in a rural subdivision. The trial court entered a declaratory judgment adverse to the engineer, and he and the county appealed. We reverse.

Plaintiff, Spencer’s Mountain, Inc., is the developer of a forty-eight acre rural subdivision on a bluff north of Honey Creek in Pottawattamie County. The top of the bluff is approximately 300 feet above the elevation of an adjacent highway. After obtaining two zoning variances and approval of its road plan from the county board of supervisors, and despite objections from county engineer Charles E. Hales, plaintiff constructed a serpentine 3800-foot road from the highway to the top of the bluff.

In this declaratory judgment action brought in equity, plaintiff sought alternatively to have the court order Hales to approve the road plan or to invalidate his refusal to approve it. After trial, the court found Hales lacked statutory authority to disagree with the board of supervisors’ decision and abused his discretion in disapproving the plan. On that basis, the court held his disapproval was invalid and ineffective. A judgment was entered which declared the road to be part of the county secondary road system.

In challenging the judgment, defendants contend Hales had the authority to differ with the board’s decision to accept the road plan and did not abuse his discretion in doing so in this case.

The governing statute is section 306.21, The Code 1977, which provides:

All road plans, plats and field notes and true and accurate diagrams of water, sewage and electric power lines for rural subdivisions shall be filed with and recorded by the county auditor and approved by the board of supervisors and the county engineer before the subdivision is laid out and platted, and if any proposed rural subdivision is within one mile of the corporate limits of any city such road plans shall also be approved by the city engineer or council of the adjoining municipality. Such plans shall be clearly designated as “completed”, “partially completed” or “proposed” with a statement of the portion completed and the expected date of full completion. In the event such road plans are not approved as herein provided such roads shall not become the part of any road system as defined in this chapter.

The parties agree the statute requires the approval of rural subdivision road plans by the county engineer as well as the board of supervisors before a subdivision road becomes part of the county road system. However, plaintiff asserted and the trial court agreed that its road plan met the subdivision requirements of the county zoning ordinance, except provisions for width and composition of paving upon which variances had been granted. The court held that Hales could not impose a higher engineering standard than provided for by the board of supervisors in exercising its zoning powers. Consequently, he was held to have exceeded his authority under section 306.21 and to have acted arbitrarily.

The problem with the premise of this holding is that the board of supervisors lacks statutory authority to bind the county engineer by its judgment on road engineering standards. Its zoning powers are enumerated in section 358A.3, The Code 1977, which provides in relevant part:

Subject to the provisions of section 358A.1 and 358A.2, the board of supervisors of any county is hereby empowered to regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes, and to regulate, restrict and prohibit the use for residential purposes [168]*168of tents, trailers and portable or potentially portable structures; provided that such powers shall be exercised only with reference to land and structures located within the county but lying outside of the corporate limits of any city.

This provision gives the board the authority to regulate land use, but does not give it the power to adopt engineering standards which override the authority of the county engineer under section 306.21 to pass upon subdivision road plans. Nor is there any conflict between the powers granted the board in section 358A.3 and the authority given to the engineer in section 306.21.

Moreover, the general authority of the board to direct the work of the engineer provided for in section 309.18 does not nullify the specific provision in section 306.21. See § 4.7, The Code; Berger v. General United Group, Inc., 268 N.W.2d 630, 638 (Iowa 1978) (“terms of a specific statute control over those of a general statute”).

Finally, we perceive no conflict between section 306.21 and section 306.4(2), which vests control of secondary roads in boards of supervisors. Section 306.21 relates to procedures for accepting roads into the secondary road system, rather than what governmental entity has jurisdiction and control over them after they are accepted. Furthermore, even if there were conflict between the provisions, section 306.21 would prevail because it is specific and section 306.4(2) is general.

The legislature knows how to give the engineer a mere advisory role when it chooses to do so. See § 309.26 (“The board after due consultation with the county engineer”); § 309.28 (“The engineer may in his report recommend”). It also knows how to assign responsibility to the engineer. See § 309.21 (“All construction and maintenance work shall be performed under the direct and immediate supervision of the county engineer who shall be deemed responsible for the efficient, economical and good-faith performance of said work.”).

Having given the engineer responsibility for the maintenance of secondary roads, it is reasonable to believe the legislature intended for him to exercise his professional judgment in deciding whether private subdivision roads should be accepted into the secondary road system. We find no basis for holding the board of supervisors has a superior role in making that determination. In giving the engineer the authority to pass upon road plans, the legislature vested him with discretion to be exercised according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others. See Charles Gabus Ford, Inc. v. Iowa State Highway Commission, 224 N.W.2d 639, 645 (Iowa 1974).

Thus we hold that section 306.21 requires approval of both the board of supervisors and county engineer before a subdivision road can become part of the secondary road system. We also hold that the engineer has authority to disapprove plans even when they meet engineering standards acceptable to the board of supervisors.

The remaining issue is whether Hales’ approval was unreasonably withheld in the present case. The trial court’s holding that his disapproval was arbitrary was based on the court’s view that the engineer had no right to impose different engineering standards on the developer than those of the board.

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Bluebook (online)
285 N.W.2d 166, 1979 Iowa Sup. LEXIS 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencers-mountain-inc-v-pottawattamie-county-iowa-1979.