Opinion

Iowa Department of Transportation v. Nebraska-Iowa Supply Co.

  • 272 N.W.2d 6
  • 1978 Iowa Sup. LEXIS 973
Court
Supreme Court of Iowa
Filed
Nov 22, 1978
Status
Published
Author
Uhlenhopp
On the bench
Uhlenhopp, Rees, Uhlen-Hopp, Harris, Allbee, Larson
Cited by
15 cases
Authority
More cited than 9.6%

Overruled on other grounds by Estate of Grossman v. McCreary, 1985 Iowa Sup. LEXIS 1120 (1985)

recognizing a nonconforming sign could be removed for subsequent nonconfor-mance

How later courts described this case

  • recognizing a nonconforming sign could be removed for subsequent nonconfor-mance
  • “[U]pon noncompliance with the permit requirements ... the[ ] billboards become subject to removal.”
  • owner of billboards forced to remove billboards at owner’s expense
  • “counsel should have submitted proposed findings or conclusions in accord with said position, or sought an amendment and enlargement of the court’s findings and conclusions under rule 179(b)_”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Estate of Grossman v. McCreary, 1985 Iowa Sup. LEXIS 1120 (1985)

    272 N.W.2d 6, 13 (Iowa 1978), overruled on other grounds by Estate of Grossman v. McCreary, 373 N.W.2d 113, 114 (1985);
    Supreme Court of IowaAug 21, 19854 citing opinionsother groundsRead it

The opinion

UHLENHOPP, Justice

(dissenting from division II).

I do not think we should announce a rule of estoppel of a state department because a district office does not have a required form. Had Nebraska-Iowa Supply written DOT headquarters and been unable to obtain the form, we would have a different case. I stated my views on this subject in Iowa. Movers & Warehousemen's Ass’n v. Briggs, 237 N.W.2d 759 (Iowa). I concur in divisions I and III but dissent from division II.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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