Case law

Dunn v. Burbank

190 Iowa 67 · Supreme Court of Iowa · Nov 29, 1920

School Dist., 181 Iowa 424 , was handed down, that the proper practice was thoroughly discussed, and the exclusive character of the remedy by quo warranto definitely and clearly recognized. … This conclusion is sought to be avoided by an allegation that one of the signatures to the petition for incorporation was that of a person not qualified therefor.

Tolerton & Warfield Co. v. Iowa State Board of Assessment & Review

222 Iowa 908 · Supreme Court of Iowa · Dec 15, 1936

section 6 of Article I of our State Constitution, which provides that: “All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities … The rule is well established that legislation is not arbitrary if any state of facts reasonably can be conceived that would sustain it. Rast v. Van Deman & L. Co., 240 U. S. 342 , 60 L. Ed. 679 , 36 S. Ct. 370 , L. R.

In re the Location & Establishment of Drainage District No. 3

146 Iowa 564 · Supreme Court of Iowa · Dec 18, 1909

Dougan alone of the petitioners with other persons as sureties who properly qualified, it would unquestionably have been sufficient. … It was not necessary that the board should examine the report in connection with the adoption of the final resolution of establishment, and, if it were necessary that it do so, it would clearly be presumed that the report

Rodman v. State Farm Mutual Automobile Insurance Co.

208 N.W.2d 903 · Supreme Court of Iowa · Jul 3, 1973

“No such document is immune from attack by use of various canons of interpretation. … The court held the policy contained a broad promise to defend any bodily injury claim which was not conspicuously or clearly conditioned on nonintentional bodily injury.

Harmsen v. Iowa State Highway Commission

251 Iowa 1351 · Supreme Court of Iowa · Oct 18, 1960

When doing that, however, appellee has no right to ask his witnesses to speculate and guess concerning the cost aforesaid, as he did in this case. * * * Clearly the district court should have refused to permit the witnesses … The witnesses were well qualified to give their opinions as to the value of the Harmsen farm. The following authorities support the trial court’s ruling. Redfield v.

Stateline Cooperative v. Iowa Property Assessment Appeal Bd., and Emmet County Board of Review

Supreme Court of Iowa · Apr 30, 2021

This tax case requires us to decide when bins for holding ingredients qualify for a tax exemption as “[m]achinery used in manufacturing establishments.” Iowa Code § 427A.1(1)(e) (2014). … The court explained, Kennedy’s testimony clearly establishes that the sprinkler system, the leveling equipment, and the temperature control system contained within the structures of the conditioning

Kaiser Agricultural Chemicals, Inc. v. Peters

417 N.W.2d 437 · Supreme Court of Iowa · Dec 23, 1987

Iowa Code §§ 537 .-2202(2), (3); 535.11(6). *442 In its original petition, Kaiser asked for the interest amounts listed in the modified agency agreement, which clearly exceeded the maximum allowed by law. … Williams, 593 S.W.2d 783, 799 (Tex.App.1979) (unilaterally placing amount due as interest on account statement qualified as “charging” interest under Texas usury statute).

Tuller v. Chicago, Rock Island & Pacific Railway Co.

186 Iowa 1070 · Supreme Court of Iowa · Jun 27, 1918

The only doubt of the applicability of this rule to the instant case arises upon the inquiry whether the evidence clearly shows that the freight rate paid by the plaintiff was the reduced rate to which a limited liability … , many, if not most, of whom do not understand the rigid regulations imposed by the Federal statutes, and to clothe the wrongdoers with immunity against liability to those who are thus misled and deceived.

Mandy Tripp v. Scott Emergency Commc'n and Iowa Municipalities Workers' Comp. Assoc.

Supreme Court of Iowa · Jun 3, 2022

Tripp’s PTSD diagnosis thus likewise qualifies as a “personal injury” under the statute. … Few people, if any, could know if they possess such an immunity going in. And none would know for certain that they’d be able to maintain it.

Sechler v. State

340 N.W.2d 759 · Supreme Court of Iowa · Nov 23, 1983

requires us to determine whether the term “gross negligence” as used in Iowa Code section 306.41 is a higher degree of negligence that is subject to the defense of contributory negligence or a different kind of conduct that is immune … On appeal plaintiff asserts that: (1) under section 306.41 when gross negligence is established, the defense of contributory negligence is unavailable; (2) the State failed to establish an adequate foundation for the admission

State ex rel. Cox v. Consolidated Independent School District

246 Iowa 566 · Supreme Court of Iowa · Feb 8, 1955

The first notice (required by Code section 276.4) is clearly intended to advise any potential objectors. … P., and affected by the proposed consolidation, was qualified as relator to question the legality of the procedure.

Horak Prairie Farm, L.P. v. City of Cedar Rapids

748 N.W.2d 504 · Supreme Court of Iowa · May 9, 2008

Qualifying projects can be funded in whole or in part by RISE money. Iowa Code §§ 315.5 , 315.6. … The plaintiffs’ properties clearly received a special benefit from the improvements.

State v. Miller

204 N.W.2d 834 · Supreme Court of Iowa · Feb 21, 1973

In light of that statement of law we conclude Falistone's statement at the hospital does not qualify as res gestae. … The court had clearly indicated that any such motion to strike would be overruled. It was error to admit the statement. III.

State of Iowa v. Lawrence Eugene Walker

Supreme Court of Iowa · Nov 22, 2019

We cannot say the district court’s decision was clearly untenable or clearly unreasonable. See Tipton, 897 N.W.2d at 691. … The district court’s decision was not clearly untenable or clearly unreasonable. See Tipton, 897 N.W.2d at 691.

Lowe's Home Centers, LLC v. Iowa Dept of Revenue and Courtney M. Kay-Decker

921 N.W.2d 38 · Supreme Court of Iowa · Dec 14, 2018

The ALJ found (1) the installations were taxable as enumerated repair services under Iowa Code section 423.2(6); (2) the home improvements were not sufficiently large in scale to qualify as new construction, reconstruction … RACI II), 675 N.W.2d 1, 5–7 4Article I, section 6 provides, “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities

Dubuque Co. v. Dubuque & Pacific Railroad

4 Greene 1 · Supreme Court of Iowa · Jun 15, 1853

For the great object of protection, national, state, county and city organizations are established. … indebtedness is restricted to the stun of one hundred thousand dollars, unless a proposition for a greater amount be first submitted to the people at a general election and re *12 ceive the apjn’obation of a majority of the qualified

City of Coralville v. Iowa District Court for Johnson County

634 N.W.2d 675 · Supreme Court of Iowa · Oct 10, 2001

The city responds that clearly Gruhn was not Johnson’s attorney on the earlier date because Gruhn did not file an appearance for Johnson until March 2. … By the time of the second meeting on March 12, there was an attorney-client relationship between Gruhn and Johnson that qualified for the joint-client exception.

Burlington Northern Railroad v. Board of Supervisors of Adair County

418 N.W.2d 72 · Supreme Court of Iowa · Jan 20, 1988

All that remains are mathematical computations, which, though they are perhaps complex, scarcely qualify as demanding technical expertise of an administrative agency. … This was clearly not the case. The United States district court which granted plaintiff relief made it clear that this was only prospective declaratory and injunctive relief. See Burlington N.R.R. v.

McComber v. Iowa Employment Security Commission

254 Iowa 957 · Supreme Court of Iowa · Feb 12, 1963

It is the thoroughly established principle that the fact findings by the Employment Security Commission are binding upon the courts on appeal when supported by substantial evidence. … The final sentence of the decision, quoted last above, is clearly not a finding of fact, but the conclusion drawn from the facts found.

Rowe v. State Tax Commission

249 Iowa 1207 · Supreme Court of Iowa · Jul 28, 1958

The exhibits received in evidence clearly show that all incidents of ownership of any kind or character immediately vested in the client. … The name of the advertiser is almost always clearly disclosed in the purchase order.”