Daryl D. Lang v. Linn County Board of Adjustment

Summary

The Iowa Supreme Court reviewed consolidated certiorari proceedings challenging Linn County Board of Adjustment decisions denying agricultural zoning exemptions for two residences. The court held that substantial evidence supported the Board’s determinations that the properties and houses were not primarily adapted for agricultural purposes under Iowa Code section 335.2, and it affirmed the district court and court of appeals while annulling the writs.

Holdings

1. Substantial evidence supported the Board's determination that the 6.52-acre parcel and the large residence on it were not primarily adapted, by reason of nature and area, for use for agricultural purposes. The Board could consider the relative size, value, and construction date of the residence and the scope, value, and duration of the claimed agricultural activities, but it did not apply an impermissible automatic minimum-acreage test.
2. Substantial evidence supported the Board's denial of an agricultural exemption for House #3 under the proposed occupancy by Ms. Lang's son and family. A county may consider how much time the occupant of an additional rented house spends on farming activities when determining whether the house is primarily adapted for agricultural purposes.
3. After the 1963 amendment, Iowa Code section 335.2 no longer requires agricultural use to be the owner's primary means of livelihood, but it does require the land or structure to be primarily adapted, by reason of nature and area, for agricultural purposes.

Questions Presented

1. Whether substantial evidence supported the Board's 2004 determination that the 6.52-acre parcel and House #4 were not primarily adapted, by reason of nature and area, for agricultural purposes under Iowa Code section 335.2.
2. Whether substantial evidence supported the Board's 2007 determination that House #3, when occupied by Ms. Lang's son and family, was not primarily adapted for agricultural purposes as a second farmhouse under Iowa Code section 335.2.
3. What standard governs whether land or a house qualifies for Iowa's agricultural exemption from county zoning.

Disposition

affirmed