City and Shelter House Win in Iowa Supreme Court

The Iowa Supreme Court reversed and remanded an earlier district court decision concerning the Iowa City Board of Adjustment decision to approve the Shelter House to build a larger, new emergency shelter that will better serve the needs of Johnson County homeless on Southgate Dr.

In making its case, the appellates claimed that values of adjoining properties would decline and that the city and Shelter House had not proven that they would not be. However, in its decision the Iowa Supreme Court said:

"Because we think there was substantial evidence to support the board’s finding that property values would not be adversely affected, we reverse the judgment of the district court and remand this case for entry of a judgment affirming the board’s decision."

"We conclude the board made adequate findings, and its decision was supported by substantial evidence. Accordingly, the district court erred in reversing the board’s grant of Shelter House’s application for a special exception. We therefore reverse the district court’s judgment and remand this case back to the district court for entry of an order affirming the decision of the board of adjustment."

Here is the story from the Press-Citizen