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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