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Johnson v. City of Burlington

Docket No. 20190318
Oral Argument: Tuesday, February 18, 2020 10:45 AM

Docket Info

Title
Alton Johnson, Appellant
v.
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
Oral Argument 2/18/2020

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    Whether the City Council's decision denying Johnson's vanance application was arbitrary, capricious, or unreasonable.


Summary

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.


Briefs

Filing Date Description
12/09/2019 APPELLANT BRIEF View
01/07/2020 APPELLEE BRIEF View
01/21/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Scott Kenneth Porsborg - 04904
APPELLEE PRIVATE PRACTICE Brian Schmidt - 07498
APPELLANT PRIVATE PRACTICE Brian C. Balstad - 06502

(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)
11 12/09/2019 APPELLANT BRIEF View
12 12/09/2019 Oral Argument Request by Appellant
13 12/09/2019 APPELLANT APPENDIX
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
16 01/07/2020 APPELLEE BRIEF View
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
20 01/21/2020 REPLY BRIEF View
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