Appeal filed in Sunset School zoning case
Wednesday, 23 May 2012 11:22
Residents in the Sunset School neighborhood have filed an appeal with the Iowa Supreme Court in an attempt to overturn a District Court ruling upholding a decision by the City’s Board of Adjustment for proposed use of the school building.
In early May, Judge Chris Foy issued his ruling on a suit filed by Kristen and Daniel Ollenberg, 209 Mars Hill Drive, against the Board of Adjustment for the City of Clear
Lake. The Ollenburgs alleged the Board 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 Drive.
The Clear Lake School Board voted to sell the property to Life-Line Resources on May 10, 2010. However, days before the District Court ruling LifeLine announced they had withdrawn their $200,000 offer to purchase the school. The sale of the property had been tied up in court more than two years.
City Attorney Charlie Biebesheimer explained the Ollenburgs filed their appeal with the Iowa Supreme Court. That court may choose to hear the case or send it to Appellate Court. The process involves about four months devoted to filing briefs with the court, followed by an estimated four to six month waiting for a decision. There will be no trial, said Biebesheimer. Either- Read More Via e-Edition