Rezoning for Iowa City Chauncey project now in judge’s hands

IOWA CITY - Attorneys on both sides have made their arguments, and now it comes down to a judge ruling on the legality of the Iowa City Council's rezoning to allow the development of the 15-story Chauncey tower.

Following arguments by attorneys representing Iowa City and Trinity Episcopal Church, which filed a petition for writ of certiorari earlier this year against the council, 6th Judicial District Judge Paul Miller said after a Monday hearing he plans to rule on the matter soon.

'I still have some reading to do,” he said. 'I will take it under advisement and come to a ruling as soon as I can.”

Miller's ruling will determine whether Iowa City's rezoning of the Chauncey site, on the corner of Gilbert and College streets, was legally done. The case focuses on two matters; whether the city complied with Iowa Code in their rezoning in relation to the comprehensive plan, and whether the city complied with a state law that requires a supermajority vote of approval when 20 percent of surrounding property owners oppose a rezoning.

Much of Monday's discussion focused on the city's 2030 Comprehensive Plan and whether or not it allowed the council to approve the June rezoning.

'It's about whether Trinity has proven if the Iowa City Council acted illegally when it rezoned the Gilbert and College site,” said Elizabeth Craig, on behalf of the city. 'Trinity has proven no illegality in Iowa City's comprehensive plan.”

Christopher Warnock, representing Trinity Episcopal, argued that the ambiguity in the comprehensive plan can result in different interpretations, his being that the council's rezoning violated that plan.

'That comprehensive plan is so loosey-goosey and so feeble, you can do anything you want with it. There really are no height restrictions, there really are no density restrictions,” he said.

Ultimately, Miller will make the final decision.

Marc Moen, developer with The Chauncey, said earlier this year that work on the 15-story tower has been placed on hold until a ruling is reached.