Judge rejects lawsuit against Iowa City’s Chauncey tower

IOWA CITY - A church's lawsuit to put the brakes on construction of the 15-story Chauncey tower next door was dismissed Thursday by a judge.

Trinity Episcopal Church argued in its suit that a rezoning making way for the building downtown was contrary to the city's comprehensive land use plan, and that the city had wrongly rejected its objection to the rezoning request.

The Iowa City Council voted 4-2 in June to approve rezoning for the mixed-use development at College and Gilbert streets, next door to the 140-year-old church.

In its suit, the church asserted that the comprehensive plan did not allow for such an intensive use.

Sixth District Court Judge Paul Miller, who heard arguments in the case earlier this month, ruled that the court 'finds nothing” in the plan to prevent such zoning in the area. Since the city also must later sign off on design plans for the project, it 'can ensure that its transition goals are met regarding the flow from the central business district to the residential areas.”

The church also argued that the city had not complied with a state law requiring a supermajority vote of the council if at least 20 percent of adjacent property owners objected. Most of the property there is city owned. The church argued that shouldn't count.

However, Miller ruled he could find 'no indication” that the Legislature had intended the law to apply only to private property.

Developers of the Chauncey have previously said they were waiting for a ruling before proceeding with the project.