Claim Asbury IA vs Devel Bd
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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
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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
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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
..
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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.
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PETITION FOR JUDICIAL RË~~W;j,
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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.