Opinion
No. 2-061 / 01-0127.
Filed February 6, 2002.
Appeal from the Iowa District Court for Winneshiek County, JOHN BAUERCAMPER, Judge.
Appellants appeal the decision by the Winneshiek County Board of Adjustment to grant a special zoning exception allowing the quarrying of property previously zoned for agricultural use. AFFIRMED.
Michael Kennedy, New Hampton, for appellant.
Steven Belay and Richard Zahasky, Decorah, for appellee.
Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.
Appellants Jerry Vrzak, Douglas Balk, Eugene Schmitt, Arlene Vrzak, and Rodney Vrzak, doing business as Vrzak Brothers, appeal the decision by the Winneshiek County Board of Adjustment to grant a special zoning exception allowing the quarrying of property previously zoned for agricultural use. Appellants claim on appeal that the board's decision was drafted prior to appellants' presentation of the case and that the evidence used by the board to make its decision was sought out by one of the board members and was never a part of the record. For these reasons appellants claim the board's decision was illegal. We affirm.
In their petition for writ of certiorari and at trial, appellants sought to establish that the board had not properly considered the effects of quarrying on adjoining landowners. Testimony showed, however, and the trial court, in finding the decision was supported by substantial evidence, found, that the board did indeed consider the effects of quarrying on adjoining landowners before granting the special exception. Appellants now claim that the method by which the board came upon the information it considered was not legal. Appellants did not raise these arguments in their petition, nor did they raise them before the district court. They have therefore waived these arguments on appeal, and we will not address them now. See State v. Greene, 592 N.W.2d 24, 29 (Iowa 1999).
AFFIRMED.