Court sides with Iowa City homeless shelter backers

Backers of an Iowa City homeless shelter have won another legal battle.

The Iowa Court of Appeals on Wednesday affirmed a lower court's decision to dismiss a lawsuit filed by challengers to the Shelter House facility being built in southern Iowa City.

The plaintiffs, Michael and Janet Dahlen and Michael McNiel, filed a petition in Johnson County District Court a year ago after the Iowa City Planning and Zoning Commission approved a plan for a new 70-bed facility at 429 Southgate Ave. They maintained the commission's actions were illegal and should be invalidated.

District Court Judge Mitchell Turner dismissed the case against Shelter House and the commission, saying the plaintiffs were required to appeal the decision to the Iowa City Board of Adjustment before seeking relief from the court.

The Iowa Court of Appeals agreed.

Gregg Geerdes, an Iowa City attorney representing some of the shelter's opponents, did not immediately return a message seeking comment.

This was just the latest in a string of challenges to the shelter by some nearby residents and business owners who say they believe the shelter will increase crime and lower property values. The Iowa Supreme Court sided with Shelter House early last year.

Shelter House supporters have since moved forward with planning. Ground was broken on the $5.3 million project in July, with the goal of it opening in October 2010.

The new shelter is to replace the smaller existing one at 331 N. Gilbert St.