Newspaper Article Archive of
The Kalona News
Kalona, Iowa
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Newspaper Article Archive of
The Kalona News

August 17, 2017 Hearing for effort to keep Nutmeg Avenue open is Friday
Article Pages -- as published on the The Kalona News website.

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ARTICLE DESCRIPTION:

Washington

A hearing to decide about the Friends of Bunker Mill Bridge’s (FBMB) petition for a Writ of Certiorari to review the action taken by Washington County in closing a segment of Nutmeg Avenue is set for 10:30 a.m. Friday, Aug. 18. in District Court. It will be in the courtroom of the Washington County Courthouse.

FBMB filed the action May 4, with the county response a pre-answer motion to dismiss the action that was heard June 23. Judge Lucy Gammon ruled that the County Board of Supervisors’ decision was “subject to review by certiorari” and denied the motion to dismiss.

The county then filed July 8, a formal answer to the petition that, in essence, asserted the board’s decision to close part of the road “…was supported by substantial evidence and was not arbitrary, capricious or unreasonable” as charged by the plaintiff, FBMB.

The major issue, noted in the June 23 hearing and the subsequent decision from Judge Gammon, is if the board acted in a judicial or legislative manner. Judge Gammon found that the board had “exercised a judicial function,” in the vacating action. That made it subject to review by certiorari.

Friday’s hearing, according to officials for both parties, is to address having the decision reviewed by the court, especially regarding the evidence and procedures used by the board in its action. If the review holds for the county, the county decision will be upheld. If not, the entire vacating process can start again, complete with public hearing, legal notice it and a second board vote.

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