Filing error results in Twin Lakes zoning lawsuit dismissal

A Twin Lakes landowner will need to reapply for a building permit before he can proceed with a lawsuit against Calhoun County’s Board of Adjustments and zoning administrator.
Dave Madsen filed suit in July against the county, claiming the Board of Adjustments’ and zoning administrator’s denial of his building permit was illegal and improper.
A judge last week dismissed Madsen’s lawsuit without prejudice, because his attorney failed to file an original notice with the lawsuit, Calhoun County Attorney Tina Meth Farrington said.
“The opportunity to appeal the first zoning decision (from June) has passed,” Farrington said, adding permit applicants must file their appeal within a certain timeframe. While Madsen’s attorney did file the lawsuit, the missing document meant he missed that deadline. A September ruling by the Iowa Appeals Court required courts to dismiss lawsuits when the filing deadlines were missed without a good reason. 
Read more in the Nov. 22 edition.