Iowa Supreme Court · No. 23-1199
1000 Friends of Iowa, Bill Barnes, Inc., Bradley E. Coulson, Teresa M. Coulson, Sondra K. Feldstein Revocable Trust and Stuart I. Feldstein Revocable Trust v. Polk County Board of Supervisors
Decided April 4, 2025 · appeal from Polk County · Government
What the court decided
AI summary A group of citizens and organizations challenged a decision by the Polk County Board of Supervisors to change the zoning of a piece of land from agricultural to mixed use. The lower court originally dismissed the lawsuit, ruling that the group did not have the legal right to bring the challenge. The Iowa Supreme Court reversed that decision and sent the case back to the lower court to be reconsidered.1
Result: Reversed and Remanded
The court’s own summary
1000 Friends of Iowa, Bill Barnes, Inc., Bradley E. Coulson, Teresa M. Coulson, Sonda K. Feldstein Revocable Trust, and the Stuart I. Feldstein Revocable Trust (collectively, “1000 Friends”) appeal from the district court’s dismissal of their petition for writ of certiorari and declaratory judgment challenging the legality of the decision of the Polk County Board of Supervisors to change the zoning of a particular parcel of property from an agricultural district (“AG”) to a mixed use district (“MU”). 1000 Friends argues the court erred by finding: (1) none of them had standing to challenge the Board’s decision; and (2) their petition failed to meet the heightened pleading requirements of Iowa Code section 670.4A(3).
Holding: Plaintiffs appeal the dismissal of their lawsuit challenging the county’s granting of a rezoning application. Reversed and Remanded.
Judges
- Written by Justice Matthew McDermott
- Trial judge: Jeanie K. Vaudt, Polk County
Iowa Code it cites
§17A.19§335.18§479B.7§670.2§670.4A§760A.4A
Each links to the bills that change that chapter.