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Claim Asbury IA vs Devel Bd ,-; ¿;; A ¿ //::; ~.. ¿>.I:/ .<j / '/ ~u,,/.,y,< ;: IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY THE CITY OF ASBURY, IOWA, NO. CVCVO94478 Petitioner, v. THE CITY DEVELOPMENT BOARD, Respondent-Agency, and AFFIDAVIT OF MAILING PURSUANT TO IOWA CODE §17A.19(2) CITY OF DUBUQUE, IOWA, Respondent. STATE OF IOWA) ) SS. COUNTY OF POLK) I, the undersigned, having been duly sworn upon oath, do hereby depose and state that: 1. I am a legal secretary with the law firm of Whitfield & Eddy, P.LC. 2. On August 13, 2004, I deposited the attached Petition for Judicial Review in the United States mail, first class, postage prepaid, in an envelope addressed to the following: Prank Smith 4215 Hubbell Avenue Des Moines, IA 50317 Steve R. McCann City Development Board 200 E. Grand Avenue Des Moines, IA 50309 Michael Smith Assistant Attorney General Lucas Bldg., Room 018 321 E. 12th Street Des Moines, IA 50319 Terry Duggan, Mayor City of Dubuque 50 W. 13th Dubuque, IA 52001 J Jeanne Schneider, City Clerk City of Dubuque 50 W. 13th Dubuque, IA 52001 '.' J' 3. That the Petition for Judicial Review was mailed pursuant to Iowa Code § 17A.19(2). Dated this 13th day of August, 2004. ~1/1j~J.a ~ Tricia Little Subscribed to and sworn before me by the said Tricia Little on this 13th day of August, 2004. ,,\Al PATTY TINGLE fA.," COMMISSION NO. 712294 JiI!Ij MY Ç<pMMISSION EXPIRES lOW> X -.50 - '}.cxy7 fJ. ~' Notary ~ in and t-!ne State oflowa Original filed. Copies to: Frank Smith 4215 Hubbell Avenue Des Moines, IA 50317 ATTORNEY FOR CITY OF DUBUQUE Steve R. McCann City Development Board 200 E. Grand Avenue Des Moines, IA 50309 Michael Smith Assistant Attorney General Lucas Bldg, , Room 018 321 E. 12th Street Des Moines, IA 50319 ATTORNEY FOR CITY DEVELOPMENT BOARD Terry Duggan, Mayor City of Dubuque 50 W. 13th Dubuque, IA 52001 Jeanne Schneider, City Clerk City of Dubuque 50 W. 13th Dubuque, IA 52001 .. " IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY THE CITY OF ASBURY, IOWA, Petitioner, v. THE lOW A CITY DEVELOPMENT BOARD, Respondent-Agency, and CITY OF DUBUQUE, IOWA, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. (1// {1¡/tJ7 f/fI'7? '" ""= -g~ c:¡ç. 'ê.~ ~ <¿~ ø "'0 \ "'- (.fI o~ ~~ ~ .-Ie> ..... ...(.-1 0 PETITION FOR JUDICIAL RË~~W;j, ~% (.fI The City of Asbury petitions tbe court for judicial review, and in support states: 1. Petitioner City of Asbury (Asbury) is a legally incorporated city under Iowa law located in tbe county of Dubuque. 2. Respondent Iowa State City Development Board (City Development) is a state agency responsible for reviewing petitions for annexation pursuant to Iowa Code Chapter 368. 3. Respondent City of Dubuque (Dubuque) is a city incorporated under state law, and located in Dubuque County. 4. Venue for tbis Petition for Judicial Review is proper in Dubuque County pursuant to tbe terms of Iowa Code § 368.22. 5. On December 16, 2003, Petitioner Asbury filed a Petition for Voluntary Annexation of Territory pursuant to Iowa Code § 368.7 witb Respondent City Development. 6. On January 9, 2004, Respondent Dubuque filed a Petition for Voluntary Annexation of Territory pursuant to tbe terms of Iowa Code § 368.7 witb Respondent City Development. 7. The Voluntary Annexation Petitions by Petitioner Asbury and Respondent Dubuque concerned some of tbe same annexation territory. 8. On March 18,2004, Respondent City Development dismissed the voluntary annexation of territory filed by Petitioner Asbury. 9. On April 1, 2004, Respondent City Development held a hearing on Respondent City of Dubuque's Application for Voluntary Annexation, and Petitioner Asbury appeared, presented evidence, objected and resisted approval of Dubuque's Application for Voluntary Annexation. 10. On July 6, 2004, tbe City Development issued a decision granting the City of Dubuque's Application for Voluntary Annexation. 11. The decision by Respondent City Development granted a Petition for Voluntary Annexation filed by Dubuque which was filed in bad faitb, was contrary to tbe best interests of tbe citizens of tbe urbanized area, and was one in which Respondent Dubuque could not witbin a reasonable period of time to meet its obligation to provide services to tbe territory to be annexed sufficient to meet tbe needs of tbe territory. 12. The decision of Respondent City Development was: a. Based upon proceedings were irregular and/or unconstitutional. b. Arbitrary, unreasonable, or witbout substantial supporting evidence. c. Based upon an annexation procedure tbat violated tbe due process and equal protection clauses of tbe United States and Iowa State Constitutions. 11. As tbe result of tbe decisions of Respondent City Development, tbe Petitioner's rights have been prejudiced and/or damaged. direction. WHEREFORE, Petitioner Asbury respectfully requests tbat tbe court do tbe following: 1. Reverse and remand tbe decision of Respondent City Development witb appropriate . ."" 2. Stay tbe filing of tbe City Development decision with the Secretary of State and the Dubuque County Recorder. Respectfully submitted, WHITFIELD & EDDY, P.L.C. 317 Sixth Avenue, Suite 1200 Des Moines, Iowa 50309-4195 Telephone: 515-288-6041 Facsimile: 515-246-1474 By: PKOOO2295 By: if6 ~tfi~~ ra M. Sinnard PKOOI7913 ATTORNEYS FOR PETITIONER Original filed.