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Bryant man sues Clinton over cattle operation

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By Steven Martens | Friday, May 09, 2008 |

CLINTON, Iowa — A man who claims he was told he could have a livestock operation in a rural area of the city of Clinton, but later was denied a special-use permit, has filed a lawsuit against the city.

Dustin Rickertsen of Bryant filed a lawsuit May 2 in Clinton County District Court, claiming that when he began investigating the purchase of about six acres of land at 4801 2nd Ave. S. in 2006, he asked city officials if the zoning was appropriate for a livestock-feeding operation.

He received a letter from John Staszewski, then the city planning director, in September 2006, explaining that the land was zoned M-3 for industrial use, and that his livestock feeding operation would fit under that category.

A few months after Rickertsen made improvements on the property and moved 300 head of cattle, the City Council began to discuss whether Rickertsen needed a special-use permit for his livestock operation. Rickertsen received a letter from Matt Brisch, then the city attorney, in May 2007 informing that he did need a special-use permit from the city’s zoning board of adjustment. He later applied for the permit and was denied. He later was told he had to remove the livestock from the property.

Rickertsen is seeking unspecified damages, claiming he lost money on the deal because he received inaccurate information from the city, according to the lawsuit. Neither he nor his attorney, Mark Feldmann of Des Moines, could be reached for comment Friday.

Current City Attorney Paul Walter said Friday he was not aware the lawsuit had been filed.

Staszewski resigned from his job in December, and Brisch left his job in April. Brisch said he couldn’t comment and Staszewski could not be reached Friday.

Steven Martens can be contacted at (563) 659-2595 or smartens@qctimes.com.