A Carroll farmer and his wife have filed an appeal with the Iowa Supreme Court on a case that has been debated for several years now. In 2013, Loren and Pan Danner had requested, and were granted, a building permit to construct a 127-foot high grain leg that would gravity feed several different grain bins on their farm site near the Carroll Airport. Shortly after the structure was erected, the Carroll Airport Commission determined the grain elevator was protruding into protected airspace, and took steps that would require the Danners to either remove the grain leg or shorten it to around 60 feet. Attorney for the Danners, Steve Hamilton, with the Hamilton Law Firm, says that this would be a costly venture, with a projected price tag of about $350,000.
Along with an appeal to the Iowa Supreme Court on this case, Hamilton says he has also filed an application to not require the removal of the grain leg until the Supreme Court makes a decision. This case boils down to two appeals, according to Hamilton.
Even though the county zoning administrator, Carl Wilburn, approved the permit, the county retains immunity for that decision. The initial complaint made by the airport commission was upheld by the courts, but Danner and Hamilton say that regulations set forth by the Federal Aviation Administration (FAA) should preempt any city ordinances on this issue.
Hamilton asserts the crux of this case is that when there are city and federal conflicts, federal rule prevails, and the FAA is the entity that determines what is safe and what is unsafe, not the city. The Supreme Court appeal was filed last Friday, March 23.
