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· 3/7/2008

Bontrager Auto Service, Inc. v. Iowa City Board of Adjustment

Citations

  • 748 N.W.2d 483
  • 2008 Iowa Sup. LEXIS 39
  • 2008 WL 616105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that issues must first be presented to the agency in order to be preserved for appellate review
  • stating the term “de novo” means “any relevant evidence may be introduced to attempt to prove illegality such as” the board’s “failure to comply with statutory requirements”
  • stating “the court should not substitute its judgment for that of the board”
  • interpreting the identically worded provisions of chapter 414 — regarding city zoning
  • finding substantial compliance with the written-findings requirement as to property values when board members discussed property-value requirement at hearing, city planner told board it must consider the requirement, and several persons at the hearing spoke about the issue
  • finding failure to mention a specific issue in the findings was not fatal as it concluded, they do not meet the definition of a “necessary mechanical appurtenance.” 27 was clear the board considered the general standards of the special exception and whether those standards were met

Source: CourtListener parenthetical corpus (CC0).

Judges: Ternus

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.