Politics & Government

Court of Appeals Sides With City of Johnston In Long-Running Battle Over Velvet's Barn

A ruling released today by the Iowa Court of Appeals upholds city officials' decision to deny resident Andrew Christenson's request to build a storage building and horse training area on his property in the city.

A state court has upheld a decision by Johnston officials to prohibit resident Andrew Christenson from building a barn to house horses and equipment after older buildings on his property were destroyed in a storm.

The Iowa Court of Appeals Wednesday upheld a 2011 ruling by Polk County District Court that said Christenson could build a barn on his 9.7 acre-property but could not keep horses in it or on his land, reports the Des Moines Register.

The dispute started when outbuildings on Christenson's land at 6454 Merle Hay Road were either severely damaged or destroyed by a storm in 1998; the property didn't fit updated city zoning, but was grandfathered in. City officials, according to court papers, said that while code allowed a new building, it no longer allowed horses to be kept on the property.

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Multiple lawsuits have been filed in the dispute over the past decade, with one reaching the Iowa Supreme Court. Christenson posted signs that said "Velvet Needs a Barn," which gained public attention several years ago.

Velvet is Christenson’s horse. She is still alive and healthy, Christenson told the Register.

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Russ Hixson, Johnston City attorney, told the newspaper it appears the case is over, but Christenson can appeal his case to the Iowa Supreme Court.

Christenson told the Register he isn't the loser in this battle.

“The taxpayers and the citizens, children, the open land, that’s what lost,” Christenson said.

Johnson City Administrator Jim Sanders told the newspaper he did not yet know what the ruling would mean for the city until council members have an opportunity to review the court documents.

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