Rezonings - Letter @ Council - applicant Contact etc.
BAR R Y A. L I N D A H L ,
CITY ATTORNEY
MEMO
To:
Mayor Roy D. Buol and
Members of the City Council
DATE:
October 9, 2006
RE:
Quasi-Judicial Nature of Rezonings
In the recent opinion in Sutton VS. Dubuque City Council, the Iowa Supreme Court held
that certiorari is the exclusive remedy for challenging the legality of the enactment of a
rezoning. The Supreme Court concluded that, although the adoption of a zoning code
is a legislative matter, the rezoning, including rezoning to PUD, of a particular piece of
property, is quasi-judicial in nature. The effect of that conclusion is that in considering a
rezoning matter, the City Council as well as the Zoning Advisory Commission must
render a decision on a proposed rezoning based strictly upon the information presented
to the City Councilor the Commission in the public hearing process. City Council
Members and Commission Members should no longer have any ex parte contact with
rezoning applicants, supporters or opponents or City staff, nor should they make any
individual site visits. If you have any questions please call me or Assistant City Attorney
Tim O'Brien at your convenience.
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
James A. O'Brien, Assistant City Attorney
Crenna M. Brumwell, Assistant City Attorney
Laura Carstens, Planning Manager
Chairperson and Members, Zoning Advisory Commission
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 I EMAIL balesq@cilyofdubuque.org