Court upholds Board’s decision for school use
Wednesday, 20 March 2013 11:21
After three years court ruling is final, but school district has moved on
The City of Clear Lake’s Board of Adjustment acted properly in granting a conditional use permit to locate a counseling service for youth in the former Sunset School building. That was the ruling of the Iowa Court of Appeals last week.
The ruling put an end to a nearly three-year battle about future uses for the school building.
Kristen and Daniel Ollenberg, 209 Mars Hill Dr., filed a petition for a writ of certiorari in November 2010, alleging the zoning Board of Adjustment acted illegally in granting a Conditional Use Permit to Life-Line, LLC to operate a family and individual counseling service in the former Sunset School building at 408 Mars Hill Dr.
The city’s Board of Adjustment gave unanimous approval in late October 2010 to Life-Line’s request for a conditional use permit. Life-Line had offered to purchase the vacant school building for $200,000 from the Clear Lake School District in 2010, but sale of the building was put on hold pending necessary approvals.
In September 2011 a hearing was held in district court concerning the case and in May 2012, Cerro Gordo County District Court Judge Christopher Foy upheld the Board of Adjustment’s unanimous decision to grant a conditional use permit to Life-Line.
Days before the District Court ruling on the matter, Life-Line LLC withdrew its offer to purchase the school building, saying that after two years it needed to look in a different direction.
Despite Life-Line’s withdrawal of its offer to purchase Sunset, the Ollenburgs decided to continue the fight and took the issue to the Iowa Supreme Court. On May 18, 2012, they filed a motion challenging the District Court’s decision to uphold the conditional use permit granted by the Clear Lake Zoning Board of Adjustment to Life-Line, LLC.
In its ruling issued last week, the Iowa Court of Appeals ruled the district court provided a detailed summary of the evidence and - Read More Via e-Editioin