Iowa Code

Iowa Code § 354.10 (2026)

Appeal of review or disapproval

✓ current as of July 2026

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1. When application is made to a governing body for approval of a subdivision plat, the applicant or a second governing body, which also has jurisdiction for review, may be aggrieved by any of the following:\n\nTue Dec 09 22:14:20 2025 Iowa Code 2026, Chapter 354 (30, 0) §354.10, PLATTING — DIVISION AND SUBDIVISION OF LAND 8\n\n a. The requirements imposed by a governing body as a condition of approval.

b. The governing body exceeding the time for review established by ordinance.

c. The denial of the application.

d. Failure of the governing body to approve or reject a subdivision plat within sixty days from the date of application for final approval.

2. If the plat is disapproved by the governing body, such disapproval shall state how the proposed plat is objectionable. The applicant has the right to appeal, within twenty days, the failure of the governing body to issue final approval of the plat as provided in this section.

3. The applicant or the aggrieved governing body has the right to appeal to the district court within twenty days after the date of the denial of the application or the date of the receipt by the applicant of the requirements for approval of the subdivision. Notice of appeal shall be served on the governing body in the manner provided for the service of original notice pursuant to the rules of civil procedure. The appeal shall be tried de novo as an equitable proceeding and accorded a preference in assignment so as to assure its prompt disposition. 90 Acts, ch 1236, §24 C91, §409A.10 C93, §354.10 2010 Acts, ch 1061, §180 \n

Notes of Decisions

Cited in 5 cases, 1989–2018 · leading case: Blumenthal Inv. Trusts v. City of West Des Moines, 636 N.W.2d 255 (Iowa 2001).

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Blumenthal Inv. Trusts v. City of West Des Moines, 636 N.W.2d 255 (Iowa 2001). · cites it 6× “Iowa Code § 354.10 (1995). This statute expressly provides that an applicant may be aggrieved by “[t]he requirements imposed by a governing body as a condition of approval.”

Matter of Carver, 116 B.R. 985 (Bankr. S.D. Iowa 1990). · cites it 4× “The appellate court’s determination appears to accept that a state can enact — without violating the Supremacy Clause of the United States Constitution — an unlimited exemption in the governing statute which is significantly at odds with the Bankruptcy Code’s emphasis on…”

In Re Montgomery, 104 B.R. 112 (Bankr. D. Iowa 1989). “§ 354.10 (1982)). The Swanson court found that in spite of the substantial restrictions placed on the power of a teacher to transfer or assign his or her interests in the plan, the plan “would not be a valid spendthrift trust under Minnesota law.”

Carruthers v. Bd. of Supervisors, Polk Cnty., 646 N.W.2d 867 (Iowa Ct. App. 2002). · cites it 2× “The plaintiffs decided not to seek judicial review of the Board's decision as provided for in Iowa Code section 354.10 (1999). 3 . When Oakes was decided, Iowa Code § 354.”

Nicholas S. Bussanmas, L.L.C. v. City Council of the City of Des Moines, 922 N.W.2d 106 (Iowa Ct. App. 2018). · cites it 6× “Both parties submit that our review of the district court's ruling is de novo. We agree.”

— Iowa Code § 354.10(3) — 1 case

Nicholas S. Bussanmas, L.L.C. v. City Council of the City of Des Moines, 922 N.W.2d 106 (Iowa Ct. App. 2018). “Both parties submit that our review of the district court's ruling is de novo. We agree.”

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