raac vs. city of dyersville in iowa district court

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IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY RESIDENTIAL AND AGRICULTURAL ADVISORY COMMITTEE, L.L.C., an Iowa Limited Liability Company, et al., Petitioners, vs. DYERSVILLE CITY COUNCIL, et al., Respondents. CASE NO. 01311 CVCV 057723 RESIDENTIAL AND AGRICULTURAL ADVISORY COMMITTEE, L.L.C., an Iowa Limited Liability Company, et al., Petitioners, vs. DYERSVILLE CITY COUNCIL, et al., Respondents. CASE NO. 01311 CVCV 101023 ORDER This matter came before the Court for hearing on December 11, 2013. Attorney Susan Hess appeared personally for the Petitioners. Attorneys Douglas Henry and Jenny Weiss appeared personally for the Respondents. After receiving argument from both parties, the Court now orders: 1. The Petitionersmotion to consolidate these two cases is granted. 2. The trial currently scheduled in CVCV101023 for January 6, 2014, is continued. However, that court date will be utilized to hear pending motions in both of these matters. 3. On January 6, 2014, at 9:30 a.m., the Court will hear the following issues: a. The Petitionerspost-judgment motion; b. The two motions to intervene; c. The Respondentsmotions to dismiss; d. The Respondentsrequest for injunction and bond; and e. The Petitionersmotion for discovery. FILED 12/13/2013 12:05PM CLERK DISTRICT COURT DUBUQUE COUNTY IOWA

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Page 1: RAAC vs. City of Dyersville in Iowa District Court

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY

RESIDENTIAL AND AGRICULTURAL

ADVISORY COMMITTEE, L.L.C., an Iowa

Limited Liability Company, et al.,

Petitioners,

vs.

DYERSVILLE CITY COUNCIL, et al.,

Respondents.

CASE NO. 01311 CVCV 057723

RESIDENTIAL AND AGRICULTURAL

ADVISORY COMMITTEE, L.L.C., an Iowa

Limited Liability Company, et al.,

Petitioners,

vs.

DYERSVILLE CITY COUNCIL, et al.,

Respondents.

CASE NO. 01311 CVCV 101023

ORDER

This matter came before the Court for hearing on December 11, 2013. Attorney Susan

Hess appeared personally for the Petitioners. Attorneys Douglas Henry and Jenny Weiss

appeared personally for the Respondents. After receiving argument from both parties, the Court

now orders:

1. The Petitioners’ motion to consolidate these two cases is granted.

2. The trial currently scheduled in CVCV101023 for January 6, 2014, is continued.

However, that court date will be utilized to hear pending motions in both of these matters.

3. On January 6, 2014, at 9:30 a.m., the Court will hear the following issues:

a. The Petitioners’ post-judgment motion;

b. The two motions to intervene;

c. The Respondents’ motions to dismiss;

d. The Respondents’ request for injunction and bond; and

e. The Petitioners’ motion for discovery.

FILED 12/13/2013 12:05PMCLERK DISTRICT COURTDUBUQUE COUNTY IOWA

Page 2: RAAC vs. City of Dyersville in Iowa District Court

Page 2 of 2

RAAC v. Dyersville City Council, et al.

CVCV057723; CVCV101023

4. The Petitioners shall have until December 27, 2013, to file any resistance. The

Respondents shall then have until January 2, 2014, to file any reply.

DONE AND ORDERED: December 12, 2013

___________________________________________

THOMAS A. BITTER, JUDGE

FIRST JUDICIAL DISTRICT OF IOWA

Order has been electronically filed _X____ Distributed to: ______________

_________________________ If you require the assistance of auxiliary aids or services to

_________________________ participate in court because of a disability, immediately call

_________________________ your district ADA coordinator @ 1-319-833-3332. If you are

_________________________ hearing impaired, call Relay Iowa @ 1-800-735-2942

On:________________ By:____