Iowa Code » Chapter 414 — CITY ZONING
Iowa Code

Iowa Code § 414.18 (2026)

Trial — judgment — costs

✓ current as of July 2026
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1. If upon the hearing, which shall be tried de novo, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take such evidence as it may direct. The referee shall report the evidence to the court with the referee’s findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be\n\nTue Dec 09 22:12:47 2025 Iowa Code 2026, Chapter 414 (35, 1) §414.18, CITY ZONING 8\n\nmade. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

2. Costs shall not be allowed against the board, unless it shall appear to the court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. [C24, 27, 31, 35, 39, §6469; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.18] 2019 Acts, ch 59, §119 Referred to in §329.12, 414.19 \n

Notes of Decisions
Cited in 29 cases (1 in the last 5 years), 1950–2023 · leading case: Bontrager Auto Serv., Inc. v. Iowa City Bd. of Adjustment, 748 N.W.2d 483 (Iowa 2008).
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Bontrager Auto Serv., Inc. v. Iowa City Bd. of Adjustment, 748 N.W.2d 483 (Iowa 2008). · cites it 19× “Section 414.18 states: If upon the hearing which shall be tried de novo it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the…”
Baker v. Bd. of Adj., City of Johnston, 671 N.W.2d 405 (Iowa 2003). · cites it 12× “See Iowa Code § 414.18 (providing that district court “may reverse or affirm, wholly or partly, or may modify the decision of [the board of adjustment] brought up for review”).”
United States Cellular Corp. v. Bd. of Adjustment, 589 N.W.2d 712 (Iowa 1999). · cites it 17× “See Iowa Code § 414.18 (allowing award of costs where board acts “with gross negligence or in bad faith or with malice”).”
Martin Marietta Materials, Inc. v. Dallas Cnty., 675 N.W.2d 544 (Iowa 2004). · cites it 6× “21 tracks verbatim the language of Iowa Code section 414.18, which pertains to municipal zoning.”
Trailer City, Inc. v. Bd. of Adjustment, 218 N.W.2d 645 (Iowa 1974). · cites it 9× “Section 414.18 provides: “If upon the hearing which shall he tried de novo it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to…”
Weldon v. Zoning Bd. of City of Des Moines, 250 N.W.2d 396 (Iowa 1977). · cites it 4× “Code § 414.18 includes the following: If upon the hearing which shall be tried de novo it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report…”
Helmke v. Bd. of Adj., City of Ruthven, 418 N.W.2d 346 (Iowa 1988). · cites it 4× “15 (1985) which allows [a]ny person ... aggrieved by any decision of the board of adjustment .”
Grandview Baptist Church v. Zoning Bd. of Adjustment, 301 N.W.2d 704 (Iowa 1981). · cites it 4× “The testimony disclosed that Grandview Church is the only church in a Davenport residential district with a storage building of this nature, and that of the more than fifty churches in the city, two have standard two-car garages and another has a barn but is located in a heavy…”
Deardorf v. Bd. of Adjustment of Plan. & Zoning Comm'n, 118 N.W.2d 78 (Iowa 1962). · cites it 4× “Code section 414.18 provides: “If upon the hearing which shall be tried de novo it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence * * * which shall constitute a part of the proceedings upon which the…”
Oakes Constr. Co. v. City of Iowa City, 304 N.W.2d 797 (Iowa 1981). · cites it 4× “The qualification in this case, to which we have adverted, relates to an additional issue: the developer's claim that the city must establish a new street outside the subdivision to connect the subdivision streets to the city street system.”
Bluffs Dev. Co. v. Bd. of Adjustment, 499 N.W.2d 12 (Iowa 1993). · cites it 3× “21 tracks verbatim the language of Iowa Code section 414.18 which pertains to municipal zoning.”
Lauridsen v. City of Okoboji Bd. of Adjustment, 554 N.W.2d 541 (Iowa 1996). · cites it 2× “Iowa Code section 414.18 (1995), and case law interpreting it, have led to the following standard of review for a district court: [I]n a certiorari proceeding in a zoning case the district court finds the facts anew on the record made in the certiorari proceeding.”
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— Iowa Code § 414.18(2) — 1 case
Julie Becker v. Dallas Ctr. Bd. of Adjustment (Iowa Ct. App. 2023).
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