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Iowa Court of Appeals reverses court decision on Cargill railyard plan

State Senator Rob Hogg leads a walking tour around the proposed Cargill rail yard site in Cedar...
State Senator Rob Hogg leads a walking tour around the proposed Cargill rail yard site in Cedar Rapids on Nov. 27, 2019. (Mary Green/KCRG)(KCRG)
Published: Nov. 23, 2021 at 6:29 PM CST
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CEDAR RAPIDS, Iowa (KCRG) - On Tuesday a judge reversed the District Court’s decision to allow the city council of Cedar Rapids to rezone a property in the Rompot neighborhood to allow for industrial use.

In the appeal, the plaintiffs specifically requested an oral hearing before the district court was to make its ruling. The district court, after hearing arguments from both the City of Cedar Rapids and Cargill, did not allow the plaintiffs to make oral arguments stating the procedures are “directory, not mandatory and unless the Landowners show prejudice, they are not now entitled to a hearing...They are not of the essence of the thing to be done but are designed to secure system, uniformity, and dispatch in public business.”

The Court of Appeals ruled against this argument stating “...the process must guide the result, not fall to the result guiding the process.”

Plaintiffs Rob and Kate Hogg, who represent the neighboring homeowners, released this statement:

“We are pleased the Court of Appeals reversed the district court and remanded for further proceedings. We continue to advocate for the City and state law to honor the long-standing land-use plans on which residents relied in buying and investing in homes and for the public interest in protecting the floodplain as called for under the City’s land use plans including the flood control system master plan. We believe the City should order a halt to any further activities related to the planned railyard until all legal issues are fully addressed and resolved.”

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