From the Office of Benton County Attorney Dave Thompson
On July 23, 2017 the Honorable Judge Sean McPartland issued a Ruling on the Benton County Board of Adjustment’s Motion for Summary Judgment in the case resulting from a decision issued by the Benton County Board of Supervisors in November of 2015 denying Dean Brown’s request for a land use decision to operate a small auto repair business from his residence. This matter was commonly referred to as the “Red Shed Auto” case and pitted Mr. Brown’s request against the opposition of his neighbors, former Benton County Auditor Jill Marlow and her husband, Gary Marlow. Judge McParland’s ruling is attached.
Benton County is pleased with this well –reasoned opinion in which the Court found, as a matter of law, that Ms. Zahradnik lacked the standing to bring this lawsuit because she had neither a “personal injury or stake” in the Brown matter. This case represents nearly two year’ s worth of work by various Benton County offices. Benton County also wishes to thank all the members of the Benton County Board of Adjustment for their many hours of public service work given to Benton County in this matter. As a general rule, it is not fun to be sued, but the Board of Adjustment went to work and did their job on behalf of their County. The Benton County Board of Adjustment members are not compensated for their time. Benton County also wishes to thank the Benton County Land Use office for their dedicated work on this matter.
Ms. Zahradknik has a right to appeal this decision to the Iowa Supreme Court within 30 days of the Court’s ruling.
This marks the second Zahradnik brought lawsuit against the Benton County Board of Adjustment dismissed by the Iowa District Court this year. Fisher vs. Benton County Board of Supervisors and Benton County Board of Adjustment, No. CVCV009253, was dismissed on May 4, 2017 (This case sought to block local business Coots Materials from establishing a sand quarry).
See the most recent ruling in its entirety here: JZorder