Kramer v. Board of Adjustment
795 N.W.2d 86
Iowa Ct. App.2010Background
- Sioux Pharm sought to exempt its wastewater lagoon from Sioux County zoning as agricultural; district court granted summary judgment for the Board; lagoon located on Kramer land and used to store industrial wastewater; DNR approved construction and operation but not as fertilizer; lagoon primary purpose is storage of Sioux Pharm’s industrial wastewater, not agricultural use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the lagoon exempt from zoning under §335.2 as primarily adapted for agricultural purposes? | Sioux Pharm: lagoon serves agricultural use via fertilizer application. | Board: lagoon primarily stores industrial wastewater, not agricultural use. | No; lagoon not primarily adapted for agricultural purposes. |
| Does the wastewater qualify as an agricultural product/use despite incidental crop benefit? | Sioux Pharm: wastewater used as fertilizer for crops. | Board: regulatory focus on primary function, not incidental benefit. | Not exempt; primary function is industrial wastewater storage. |
| Was the grandfathered nonconforming use issue properly preserved for review? | Sioux Pharm raised grandfathered use under 2008 ordinance. | Board/Upholder: issue not properly preserved; not ruled on below. | Error not preserved; issue not reviewable on appeal. |
Key Cases Cited
- Kuehl v. Cass County, 555 N.W.2d 686 (Iowa 1996) (defines agricultural exemption scope under §335.2)
- DeCoster v. Franklin County, 497 N.W.2d 849 (Iowa 1993) (storage of agricultural waste as part of agricultural function)
- Helmke v. Bd. of Adjustment, 418 N.W.2d 346 (Iowa 1988) (off-site storage facility exempt if related to agriculture)
- Thompson v. Hancock County, 539 N.W.2d 181 (Iowa 1995) (defines agriculture and related facilities for exemption)
- Goodell v. Humboldt County, 575 N.W.2d 486 (Iowa 1998) (statutory interpretation of county zoning and §335.2)