The appeal of a Davenport zoning board of adjustment case is headed to the Iowa Supreme Court next month.
Attorney Mike Meloy will represent Paul and Kenneth Burroughs, Terri Spinner and Sean and Ty Harvey against the city of Davenport, Davenport Zoning Board of Adjustment and Mz. Annie-Ru Daycare Center over the operation of the daycare.
Oral arguments have been scheduled for 9 a.m. March 7.
In July 2016, Mz. Annie-Ru Daycare took over another childcare operation, Tiny Tots, at 1112 Bridge Ave.
Ten nearby residents challenged the operation of the daycare, which they noted was more intensive, because the business did not apply for a special use permit as the previous business owners did.
Mz. Annie-Ru Daycare does not own the property at 1112 Bridge Ave.
Ultimately, Davenport's Community Planning and Economic Development Department determined that the daycare was operating legally because "special use permits run with the land."
Meloy challenged that interpretation, stating "Special Use Permits only run with the real property when they are granted to the owner of the real property" in court documents.
The plaintiffs challenged the determination in October 2016, but the board voted 4-0 against them.
The plaintiffs then filed a petition to revoke the special use permit but were once again denied.
The case then went to Scott County District Court, but in April 2017, a petition for writ of certiorari was dismissed.