A procedural hearing was held on Sept. 4 regarding a petition filed by a group of individuals in Madison County District Court asking that a higher court hear their concerns regarding the wind turbine variance granted by the board of adjustment on July 3.
According to court officials, Tuesday’s procedural hearing was merely to set another date for the next procedural hearing which will be Dec. 10 to review the writ of certiorari that was filed.
“These things take time; we have to provide a record,” said Madison County Attorney Matt Schultz to the 30 or so individuals gathered in the courtroom.
Members of the Madison County Coalition for Scenic Preservation filed the petition for a writ of certiorari on Aug. 3 and were present in the courtroom on Tuesday afternoon.
According to Iowa law, a party claiming that a judge exceeded his or her jurisdiction or otherwise acted illegally may file a petition for writ of certiorari with the Iowa Supreme Court. The petition must be filed within 30 days after the challenged decision. The coalition’s hope, according to the legal papers, is that the board of adjustment’s variance decision would be “annulled”.
The legal document named the Madison County Zoning Board of Adjustment, county supervisors and zoning administrator Jeff Nicholl in the case.
According to paperwork filed with the court, the coalition consists of 15 individuals “who own real estate in Madison County, whose land and public health, safety and general welfare will be affected by the 52 wind turbines proposed to be constructed.”
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