Johnson v. City of Burlington
- Alton Johnson, Appellant
City of Burlington, Appellee
- Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
Case No. 2017-CV-00009
North Central Judicial District, Ward County
Douglas L. Mattson
Parties' Statement of Issues
Issue 1: Whether the assertions, facts, statements, and the like set forth in the Planning Commission Findings and the City Council Findings that are not reflected in the record should be stricken from the record or otherwise disregarded.
Issue 2: Whether the recommendation of the Planning Commission and the decision of the City Council to deny Alton’s Application were arbitrary, capricious, and unreasonable.
Issue 3: Whether the recommendation of the Planning Commission and the decision of the City Council to deny Alton’s Application are not supported by substantial evidence.
Whether the City Council's decision denying Johnson's vanance application was arbitrary, capricious, or unreasonable.
Alton Johnson appeals from a judgment denying his variance application.
On appeal, Johnson argues the City’s findings were arbitrary, capricious, unreasonable, and not supported by substantial evidence. The City argues Johnson did not establish his lot was uniquely affected and there may be an adverse effect on the public and neighboring properties by a variance.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/18/2019||NOTICE OF APPEAL : 10/18/2019|
|2||10/18/2019||ORDER FOR TRANSCRIPT : 10/24/2019|
|3||10/21/2019||Rec'd $125.00 Filing Fee (receipt #27405)|
|4||10/22/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||10/22/2019||Notice served on Brian C. Balstad, Scott K. Porsborg and Brian Schmidt|
|6||10/29/2019||ELECTRONIC TRANSCRIPT DATED FEBRUARY 8, 2019|
|7||10/29/2019||ELECTRONIC TRANSCRIPT DATED MAY 30, 2019|
|8||10/29/2019||C.O.S for Transcripts dated 2-8-19 and 5-30-19|
|9||11/15/2019||ELEC. RECORD ON APPEAL DATED NOVEMBER 14, 2019 (ENTRY NOS. 1-111)|
|10||11/25/2019||AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 25, 2019 (ENTRY NOS. 1-110, 112)|
|12||12/09/2019||Oral Argument Request by Appellant|
|14||12/11/2019||Rec'd surcharge for ATA (Rec No 27464)|
|15||12/17/2019||Rec'd 6 copies of ATB/ATA from Central Duplicating|
|17||01/07/2020||Oral Argument Request by Appellee|
|18||01/13/2020||Rec'd non-substantive correction to AEB (left margin)|
|19||01/13/2020||Rec'd 6 copies of AEB from CSD|
|21||01/23/2020||NOTICE OF ORAL ARGUMENT SENT|
|22||01/27/2020||Rec'd 6 copies of RYB back from Central Duplicating|
|23||02/18/2020||APPEARANCES: Brian C. Balstad/Brian Schmidt|
|24||02/18/2020||ARGUED: Brian C. Balstad/Brian Schmidt|
|25||02/18/2020||ORAL ARGUMENT WEBCAST|