Case law

Opinions from 1658 to today.

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  • T & K Roofing Co. v. Iowa Department of Education

    593 N.W.2d 159 · Supreme Court of Iowa · Apr 28, 1999

    T & K Roofing Company, Inc. was the lowest qualified bidder at $89,550. The bid did not use Garland products. … In the absence of a statutory definition or an established meaning in the law, we give words in a statute their ordinary and common meaning. See Iowa Code § 4.1 (38).

    Cited 44 timesPublished
  • Residential and Agricultural Advisory Committee, LLC, an Iowa Limited Liability Company Matt Mescher Allan R. Demmer Catherine Demmer Wayne Ameskamp Sharon Ameskamp Vernon Boge Donald Boge Mary Ann Rubly John R. Rubly Dolores Thier Larry Thier Gary Burkle Cindy Burkle Wayne Vorwald Linda Vorwald Jeff Pape Gerald Wolf And Joanne Wolf v. Dyersville City Council, Mayor Jame

    888 N.W.2d 24 · Supreme Court of Iowa · Dec 9, 2016

    It claimed the Residential and Agricultural Advisory Committee lacked standing, and further, the city council had been acting in a legislative capacity and was immune from suit. … The mere participation in such activities for the potential benefit of the city does not establish partiality or bias.

    Cited 37 timesPublished
  • State v. Russell

    261 N.W.2d 490 · Supreme Court of Iowa · Jan 18, 1978

    What has been required is that the foundation for the evidence clearly establish that it is accurate and trustworthy. Our leading case on this issue is State v. … That foundation was established through the testimony of the operator of the tape recorder, Sheriff Rex Rouse.

    Cited 23 timesPublished
  • Kelli Jo Griffin v. Paul Pate, in His Official Capacities as the Secretary of State of Iowa, and Denise Fraise, in Her Official Capacities as the County Auditor of Lee County, Iowa

    884 N.W.2d 182 · Supreme Court of Iowa · Jun 30, 2016

    Additionally, otherwise-qualified electors can be disqualified from voting. … In this case, the legislative judgment was clearly expressed, and there are no facts or scientific evidence to undermine that judgment.

    Cited 18 timesPublished
  • Miller v. Boone County

    95 Iowa 5 · Supreme Court of Iowa · May 23, 1895

    The ruling was clearly correct. That question was for the jury, and a witness ought- not to be allowed to find the fact for the-jury. … In the case at bar the injuries were permanent, and, with, that fact established, there was no occasion to make the instruction any more specific than it was. 6 VI.

    Cited 20 timesPublished
  • State v. Gilroy

    199 N.W.2d 63 · Supreme Court of Iowa · Jun 29, 1972

    The first assignment thereunder is, the evidence neither supports a first degree murder verdict nor adequately establishes premeditation. … It clearly does more than generate suspicion, speculation and conjecture and suffices to raise a fair inference of guilt.

    Cited 39 timesPublished
  • Blizzard v. First State Sav. Bank, McGregor

    243 Iowa 652 · Supreme Court of Iowa · May 6, 1952

    Cords and he qualified on June 19, 1933. … This rule is well established. Townsend v. Armstrong, 220 Iowa 396, 398 , 260 N.W. 17 ; Evans v. Herbranson, 241 Iowa 268, 282 , 41 N.W.2d 113 , 15 A. L.

    Cited 2 timesPublished
  • Hinkle v. State

    290 N.W.2d 28 · Supreme Court of Iowa · Mar 19, 1980

    Loeffelholz forwarded a letter to trial court outlining his examination and expressing his opinion Hinkle was “clearly” competent to stand trial and aid in his own defense. … Loef-felholz’s report from a qualified certified psychiatrist who is the head of the institution at Oakdale.

    Cited 106 timesPublished
  • Bossuyt v. Osage Farmers National Bank

    360 N.W.2d 769 · Supreme Court of Iowa · Jan 16, 1985

    Indeed, Theilen’s own testimony established consideration for her check arising from her purchase of the heifers. … In other words, because of their financial interest and fiduciary relationship they had a qualified privilege to interfere with contractual relations between the corporation and a third party.

    Cited 48 timesPublished
  • Borden v. World War II Service Compensation Board

    243 Iowa 892 · Supreme Court of Iowa · Jul 28, 1952

    The word “surviving” .in the sentence quoted above qualifies not only the word “widow” but it also qualifies the words “widower”, “child”, “mother”, and every other word designating a “successor in interest” of the deceased … The language' of Code section 35A.4 is plain and without ambiguity and the chapter as a whole clearly indicates the intention of the legislature as .to those who are entitled to receive the bonus payment.

    Cited 5 timesPublished
  • Robbins v. Robbins

    234 Iowa 650 · Supreme Court of Iowa · Jan 11, 1944

    The trial court, in divorce cases where the evidence is conflicting, necessarily exercises to a large extent a judicial discretion which aauII not be disturbed on appeal unless it has been clearly abused. 19 C. … Pardee lives on a farm; that she is a graduate of Iowa State College, qualified to teach vocational and home economics. At the time of the trial she was substituting as a teacher in the Oneida Consolidated School.

    Cited 23 timesPublished
  • Mathis v. Iowa Utilities Board

    Supreme Court of Iowa · May 3, 2019

    Thus, the amendment added subsection d to the definition of “Qualified facility” in Iowa Code section 476B.1 to state as follows: 4. … A subsequent amendment added language establishing a maximum power capacity: d.

    Cited 0 timesPublished
  • Cowman v. Hansen

    250 Iowa 358 · Supreme Court of Iowa · Oct 14, 1958

    The words clearly express the intent to remove from the Dram Shop law the civil rights and remedies formerly created and established for persons injured, or damages by one who consumed intoxicating liquor provided by another … They argue the common use of automobiles by all qualified persons is so well known that when one leaves a tavern, it is probable that he will drive a car, operate it in a negligent manner, and injure a third person.

    Cited 46 timesPublished
  • Schoff v. Combined Insurance Co. of America

    604 N.W.2d 43 · Supreme Court of Iowa · Dec 22, 1999

    Thus, in order to estop Combined from firing him for these reasons, Schoff must establish a clear and definite promise by Combined that he would not be fired if he failed to qualify for a bond, or that he would be bonded … We turn now to whether these statements provide a basis to estop Combined from firing Schoff because he did not qualify for a fidelity bond. B. Meaning of terms.

    Cited 77 timesPublished
  • Ron Fortune v. State of Iowa

    Supreme Court of Iowa · Apr 9, 2021

    According to Fortune, the issue presented in this case is what kind of discretion exists, if any, after an offender has clearly established the listed statutory criteria for modification have been met. … But the testimony at the hearing by the State’s psychologist clearly established that Fortune should be categorized as a low-risk offender, that the composite assessments classifying him as a low-risk offender were more

    Cited 0 timesPublished
  • England v. England

    243 Iowa 274 · Supreme Court of Iowa · Feb 5, 1952

    It prays a trust be established in plaintiff’s favor against the land and personalty for his share thereof. … We are agreed plaintiff has not established his main case by the requisite proof.

    Cited 14 timesPublished
  • Amended March 27, 2017 Paula Segura and Ricardo Segura v. State of Iowa

    Supreme Court of Iowa · Jan 13, 2017

    In my view, the court has disregarded clear language in chapter 669 and the Iowa Administrative Code, while uprooting established caselaw. … Regardless, the claim was clearly not verified by the claimant as required by rule 543— 1.3.

    Cited 0 timesPublished
  • Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource Commission

    897 N.W.2d 522 · Supreme Court of Iowa · Jun 16, 2017

    “Unquestionably, the inherent police power of a state allows a state to establish quarantines to control disease in animals.” Johansson v. Bd. of Animal Health, 601 F.Supp. 1018, 1021 (D. Minn. 1985). … I’m not qualified to evaluate the science, but on the law I disagree with my colleagues.

    Cited 60 timesPublished
  • Slavens v. Bailey

    222 Iowa 1091 · Supreme Court of Iowa · Dec 15, 1936

    As above stated in paragraph No. 7 of the will, the testator clearly and specifically included Ruth Wiese the plaintiff, as an heir and so denominated her. … The gift was to a class the members of which would be determined on the death of Bessie’ and those heirs who qualified for membership in the class were entitled to share equally in the fund.

    Cited 5 timesPublished
  • Davenport Water Co. v. Iowa State Commerce Commission

    190 N.W.2d 583 · Supreme Court of Iowa · Sep 27, 1971

    Accordingly, the courts will not. enjoin or interfere with the collection of rates established under legislative sanction unless they are plainly and palpably unreasonably, confiscatory, or excessive, and clearly proved to … violative of constitutional immunities has the burden of proving it to be such.”

    Cited 64 timesPublished

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