Lawsuit dismissed but may not be finished
A lawsuit filed against the Jefferson city council, the mayor, and the city of Jefferson by persons who opposed the rezoning of property on W. Head St to allow the construction of multi-family rental housing was dismissed June 27.
The lawsuit was filed April 10. Lead petitioner in the lawsuit was Margaret Saddoris. Other petitioners were Larry Saddoris, Gary Goodwin, Sheila Goodwin, Steve Harrison, Patty Harrison, John Hamilton, Alice Hamilton, Matt Saddoris, Gary Harrison, Julie Harrison, Ken Bose and Sue Bose. (Most petitioners had addressed the council in opposition to the proposed project before the council voted 4-1 to approve each of three readings of the new ordinance rezoning the property from light industrial to residential-multi family. Council member Chad Sloan was the lone “no” vote each time.)
The council had adopted an updated comprehensive plan – intended to be the basis for land use regulations – Feb. 9, 2021, the petitioners noted.
The petitioners claimed the council violated Iowa Code 414.3, which requires that zoning regulations be made in accordance with a comprehensive plan. The petitioners alleged that “the City of Jefferson and its mayor and council in their arbitrary and capricious actions have encouraged the creation of nuisance conditions and incompatible land uses by rezoning industrial property for residential uses.”
They also claimed that the housing project proposed by KCG was approved “solely because it was a desired project by city leaders and the zoning policies and rights of its taxpayers were violated.”
The petitioners in the lawsuit asked the that matter be reviewed by a court and that the actions of the City of Jefferson, the mayor and the council be found to be illegal and void. They also asked for an injunction against the amended zoning ordinance.
Attorney Clint Fichter of Avoca represented the petitioners.
The respondents – the city, mayor and council – were represented by Julia C. Adams and Douglas L. Phillips of Klass Law Firm LLP of Sioux City. Adams filed a motion to dismiss the lawsuit May 1.
Adams wrote that the petitioners had failed to state a claim upon which any relief may be granted and that they hadn’t exhausted other administrative remedies. The petitioners stated “no specific personal or legal interest greater than that of the general citizens of Jefferson,” and, “additionally, they have failed to set forth how they are injuriously affected.”
Attorney Fichter responded that the petitioners had sustained “substantial injuries” to their property interests “due to the illegal actions of the city council.”
The Honorable Jennifer A. Miller was appointed as judge for the case. She held a hearing on the city’s motion to dismiss on June 10.
In her June 27 order to dismiss the lawsuit, Miller wrote that the petitioners hadn’t proven they had been injured “in a special manner different from that of the public generally.”
Fechter filed another motion July 7, stating that at least five of the petitioners – Margaret and Larry Saddoris, Matt Saddoris, and Steve and Patty Harrison – are owners of rental properties in Jefferson and “will allegedly suffer losses to their property values, rental rates, and occupancy as a result of the proposed development.” They asked that the case be reconsidered.
In the response to that motion July 10, attorney Adams pointed out that the petitioners had raised new claims and issues not previously presented, and the plaintiffs were “seeking to remedy their previous inaction and error.”
The July 10 filing is the most recent filing in the case.
