declining to give preclusive damages of $57,325. Id. Karlen requested a formal hearing. An administrative law judge (ALJ
How later courts described this case
- declining to give preclusive damages of $57,325. Id. Karlen requested a formal hearing. An administrative law judge (ALJ
- acts by Iowa State Commerce Commission in licensing and inspecting grain dealers and grain warehouses were made in the execution phase of the Grain Dealers Act, now codified at Iowa Code chapter 203, and thus were operational level decisions, not policy or discretionary function decisions; policy-planning decisions were made by legislature at time it enacted the Grain Dealers Act
- declining to give preclusive effect to a prior district court ruling on a statutory exemption when the losing party settled on appeal
- noting the public-duty doctrine is clearly incompatible with the ITCA
Written by the judges who cited it.
Later courts went against this
Questioned by Raas v. State, 2007 Iowa Sup. LEXIS 43 (2007)
380 N.W.2d 716 (Iowa 1986), cast doubt on the continued validity of the public-duty doctrine.
The opinion
SCHULTZ, Justice
(dissenting in part).
I agree with the majority opinion except division III. I do not believe that the legislature, by enacting Iowa Code chapter 542, intended to subject the State to civil liability for its inspectors’ failure to perform their duties. I would not hold that a failure to perform such duties constitutes actionable negligence.
CARTER and WOLLE, JJ., join this dissent.