Posted by: Patricia Salkin | May 3, 2016

IA Appeals Court Upholds Board’s Rezoning Denial

The Dubuque County Board of Supervisors appealed from the district court’s ruling that it acted illegally in denying Rinikers’ application to have part of their nine acres rezoned from A–1 (agricultural) to A–2 (agricultural residential). The Rinikers sought a rezoning of their property A–1 property to A–2 so that they could separate from the nine acres 1.08 acres with an existing house for the purpose of selling the rezoned property to their son, and to construct a new residence on the remaining approximately eight acres. Following a public hearing and despite a recommendation of the planning commission to approve the request, the Board of Supervisors denied the rezoning request.

The Appeals Court noted that when the Rinikers purchased the property they were under notice that a new residence could not be built on the land without tearing the existing residence down. “A property owner has no absolute right to have property rezoned, the Board properly relied upon one of the criteria to deny rezoning, and the district court erred in sustaining the writ of certiorari.” The appeals court reversed the decision below and upheld the board’s denial.

Riniker v. Dubuque County Bd. of Supervisors, 2016 WL 1682960 (IA App. 5/2/2016)

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