Proposed Site Location for Possible New Casey's

Casey’s General Store and the owners of a property at the corner of Main and Union Streets have filed a lawsuit in civil court against the City of Pella and the Planning and Zoning Commission.

The legal challenge comes after the commission and the city council denied a site plan submitted by Casey’s for a new store on the property currently owned by Dennis and Joyce Vanderbeek, who intend to sell the land to Casey’s. The new plan was brought before the city following a denial of variances submitted to the Board of Adjustment last December.

According to court records, Casey’s is challenging numerous parts of the process in which their site plan was ultimately denied. Attorneys for the plaintiffs claim the Planning and Zoning Commission acted in bad faith and beyond the scope of their authority at a meeting on March 30th. Casey’s believe the commission acted outside their legal limitations by not allowing the store to be built in the commercially zoned parcel of land at the corner on Main and Union Streets in Pella.

They also cited a vote by Robin Pfalzgraf in which the commission failed to approve the site plan, after she was advised to abstain due to the fact she had signed a previous petition against the project. She voted against the site plan anyway, despite the possible conflict of interest. They claim her vote was the deciding factor in the rejection.

Casey’s additionally noted previous discussions with city staff, who had recommended at least conditional approval of the site plan at the P&Z commission and city council meetings in official packets provided to their respective members.

Casey’s is attempting to build a convenience store and replace three smaller locations in Pella, including two downtown and one on Oskaloosa Street. The City of Pella declined comment after the May 17th city council meeting in which they denied the plan, pending the possible legal action.