Case law

Anderson v. Jester

206 Iowa 452 · Supreme Court of Iowa · Sep 28, 1928

Classification or regulation will not be held arbitrary or unreasonable or discriminatory unless clearly so. Idem; City of Des Moines v. Manhattan Oil Co., 193 Iowa 1096 ; Sundeen v. Rogers (N. … If the reasonableness of the classification established by the ordinance or of the exception or variance granted by the board of adjustment is fairly debatable, and not clearly arbitrary, the judgment of the local authorities

Thomas v. City of Grinnell

171 Iowa 571 · Supreme Court of Iowa · Jun 21, 1915

As we have already intimated, this decision does not clothe the city with immunity against liability if it shall in fact create a nuisance to the injury of others. … It must clearly appear, not only that the defendants are about to do the act alleged in the petition, but also that such act will be attended with the apprehended injurious consequences.

Mycogen Seeds v. Sands

686 N.W.2d 457 · Supreme Court of Iowa · Aug 11, 2004

So such interpretation has not “clearly been vested by a provision of law in the discretion of the agency.” Iowa Code § 17A.19(10)(c). … the establishment of that fact are understood to be serious and of great importance.

Titan Tire Corp. v. Labor Commissioner

637 N.W.2d 135 · Supreme Court of Iowa · Dec 19, 2001

When the court interprets a statute affecting a state agency’s work, it will defer to the agency’s expertise unless the suggested interpretation is clearly erroneous. Id. … The law is clear — striking union workers qualify as “authorized employee representatives,” and are permitted to accompany IOSHA inspectors during an inspection. Titan I, 637 N.W.2d at 130.

Painter v. Bannister

258 Iowa 1390 · Supreme Court of Iowa · Feb 8, 1966

When I refer to instability I am referring to where there has been no attempt to establish a strong relationship.” … Although this is not an adoption, the analogy seems appropriate, for Mark who had a history of instability would be removed from the only home in which he has a clearly established “father figure” and placed with his natural

Watson v. Mississippi River Power Co.

174 Iowa 23 · Supreme Court of Iowa · Feb 9, 1916

That what we may call the New York rule is not in harmony with the greater weight of authority is, we think, clearly demonstrable. The following are illustrative eases. … In so doing, the court says: “The use of land by the proprietor is not an absolute right, but qualified and limited by the higher right of others *31 to the lawful possession of their property.

Iowa Loan & Trust Co. v. Holderbaum

86 Iowa 1 · Supreme Court of Iowa · May 27, 1892

Campbell was duly appointed and has qualified as successor, and the plaintiff moves to substitute F. D. Campbell as administrator with the will annexed as party defendant in lieu of A. C. Holderbaum. … We think such a provision would be, to the extent of the requirement, prescribing the manner of the administration, and clearly permissible under the law.

Estabrook v. Iowa Civil Rights Commission

283 N.W.2d 306 · Supreme Court of Iowa · Sep 19, 1979

In these situations we are not dealing with “civil liberties” which are immunities — restraints on government — protected by constitutional provisions. … Clearly, Estabrook’s basic right not to be discriminated against is not adjudicated by the commission’s no probable cause finding.

Olson v. Cushman

224 Iowa 974 · Supreme Court of Iowa · Dec 14, 1937

However, the record shows clearly that he collided with or was thrown against the boy sitting opposite him. … It must be established by a preponderance of the evidence, direct or circumstantial.

Holzhauser v. Iowa State Tax Commission

245 Iowa 525 · Supreme Court of Iowa · Dec 15, 1953

can he qualify to receive a homestead tax credit under the laws of the State of Iowa.” … Elsewhere in its brief and argument it is said “the term ‘whole’ interest when used in the statute clearly means the whole interest, absolute interest or fee in the property.”

State Ex Rel. Gibson v. American Bonding & Casualty Co.

225 Iowa 638 · Supreme Court of Iowa · Aug 5, 1938

While he operated the drug stores, his income was clearly income from operation. … That, unlike the salary of the receiver, which was clearly deductible under the express provisions of the statutes, the burden was on the appellants to establish their claims for such deductions not allowed by the commissioner

In the Matter of Property Seized from Jean Carlos Herrera and Fernando Rodriguez

912 N.W.2d 454 · Supreme Court of Iowa · May 25, 2018

“We reverse the district court’s ruling only when it rests on grounds that are clearly unreasonable or untenable[; a] ruling is clearly unreasonable or untenable . . . … Under those circumstances, other remedies may be appropriate, such as staying forfeiture proceedings pending the outcome of any related criminal charges or requiring immunity for the claimant’s

C.O. v. State

477 N.W.2d 393 · Supreme Court of Iowa · Nov 20, 1991

The facts here certainly qualify as tragic. Three boys are involved: M.L.O., bom February 24, 1986; D.O., born October 24, 1987; and Ds.O., born November 11, 1988. The younger two have the same father. … Her inattention to this condition, her refusal to take medicine or follow medical advice, though to a degree explained by a pervasive fear of death, was clearly established by the evidence.

Winegard v. Oxberger

258 N.W.2d 847 · Supreme Court of Iowa · Oct 19, 1977

As heretofore stated, one of the elements Winegard was required to establish as a discovery prerequisite relates to a showing by the questioner that other reasonable avenues of information have been exhausted. … Furthermore, Winegard’s petition focuses upon two articles prepared by Graham and published by the Register, with defendant Schalk therein clearly identified as the informant.

First Trust Joint Stock Land Bank v. Ogle

208 Iowa 15 · Supreme Court of Iowa · Oct 23, 1928

McCoy was named such officer, and he duly qualified. A lease for the realty was made by the receiver to W. O. and Ida L. Lester, the term of which commenced March 1, 1927, and ended February 28, 1928. … Clearly, a receiver is an officer of the court, and the property held by him is in custodia legis, not for his own benefit, but that of him who finally establishes right or title thereto. Home Sav. & Tr. Co. v.

Cherry v. Des Moines Leader

54 L.R.A. 855 · Supreme Court of Iowa · May 28, 1901

This is clearly a plea of privilege, and the direction to the jury to return a verdict for defendants was, no doubt, on the theory that the plea of privilege was established. … I am not qualified to pass an opinion upon the merits of the singing. The discord was something that grated on one’s nerves. There was short stepping around and swaying of the body.

Longfellow v. Sayler

737 N.W.2d 148 · Supreme Court of Iowa · Aug 10, 2007

On our review, we find as a matter of law the record establishes the neighbor’s fence did not comply with the agreement. … The district court found the agreement between the parties clearly refers to Code section 113.20.

Bertrand v. Sioux City Grain Exchange

419 N.W.2d 402 · Supreme Court of Iowa · Feb 17, 1988

An interpretation of section 85.22(1) which would deprive an otherwise qualified dependent of benefits because of recovery which is unavailable to the dependent would conflict with the basic legislative plan. … First, legal liability of the third-party payor had not been established and second, the employer had “failed to establish the receipt of any part of the $2,500 by the” person entitled to receive workers’ compensation benefits

Sias v. Van Alyea

244 Iowa 1209 · Supreme Court of Iowa · May 5, 1953

Waite alone qualified as executors, as the other two nominees predeceased the testator. On the petition of the widow, Mr. Sias and Mr. … Of the trustees *1220 nominated in tbe will who survived him and qualified, one was a Methodist banker and the other a Congregational lawyer.

Gosek v. Garmer and Stiles Company

158 N.W.2d 731 · Supreme Court of Iowa · May 7, 1968

“We have concluded here, however, that more mischief will be done by adhering to the precedent established in the Secured Finance Company case than by overruling it. … Thornton, was not a neuropsychiatrist, therefore not qualified as a specialist to diagnose the mental condition of a patient.