354.10 - APPEAL OF REVIEW OR DISAPPROVAL.
354.10 APPEAL OF REVIEW OR DISAPPROVAL. When application is made to a governing body for approval of a subdivision plat, the applicant or a second governing body, which also has jurisdiction for review, may be aggrieved by any of the following: 1. The requirements imposed by a governing body as a condition of approval. 2. The governing body exceeding the time for review established by ordinance. 3. The denial of the application. 4. Failure of the governing body to approve or reject a subdivision plat within sixty days from the date of application for final approval. If the plat is disapproved by the governing body, such disapproval shall state how the proposed plat is objectionable. The applicant has the right to appeal, within twenty days, the failure of the governing body to issue final approval of the plat as provided in this section. The applicant or the aggrieved governing body has the right to appeal to the district court within twenty days after the date of the denial of the application or the date of the receipt by the applicant of the requirements for approval of the subdivision. Notice of appeal shall be served on the governing body in the manner provided for the service of original notice pursuant to the rules of civil procedure. The appeal shall be tried de novo as an equitable proceeding and accorded a preference in assignment so as to assure its prompt disposition.
Section History: Recent Form 90 Acts, ch 1236, §24 C91, § 409A.10 C93, § 354.10