Case law

Sutton v. Dubuque City Council

729 N.W.2d 796 · Supreme Court of Iowa · Sep 29, 2006

We clearly stated that this was the case in Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180, 185 (Iowa 2005). … Approval of such zoning requires a finding that the proposed development qualifies under the provisions of the ordinance authorizing PUD zoning.

Tuecke v. Tuecke

257 Iowa 199 · Supreme Court of Iowa · Dec 15, 1964

reasons for such holding, we may mention the .following.}, (1) To hold as the.trial eourt,did. would require us-to. construe the privilege or right given James to choose between the.money and the.land as.if .the testatrix had qualified … Certain rules governing the application of the anti-lapse statute have been firmly established by our decisions. Nicholson v. Fritz, supra, contains a cogent statement of the rules which are to be followed.

State v. Farnum

397 N.W.2d 744 · Supreme Court of Iowa · Dec 17, 1986

The State contends defendant is the man in the photograph; he contends that foundational fact was not established. … An abuse of discretion exists where the defendant demonstrates that the court’s discretion was “exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v.

Atkin v. Westfall

246 Iowa 822 · Supreme Court of Iowa · Apr 5, 1955

Plaintiff, not defendant, qualifies as such “person.” It is clear blocks D and E, owned by defendant, are no part of the tract from which such right of way was taken. … So the defense of equitable estoppel has not been established. McKeon v. City of Council Bluffs, 206 Iowa 556, 561 , 221 N.W. 351 , 62 A. L. R. 1006; Stookesberry v.

Thompson v. Bohlken

312 N.W.2d 501 · Supreme Court of Iowa · Nov 25, 1981

The evidence at trial established that Thompson had worked for Farmaster for approximately a year at the time of the accident. … The testimony of Professor Gary Hansen, Thompson’s safety expert, was challenged on the general ground he was not qualified to express an opinion on the subject matter involved.

Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.

257 Iowa 671 · Supreme Court of Iowa · Apr 6, 1965

The property damage to the jointly-owned automobile was established at $125. … It is especially adaptable where liability of defendant is definitely established. It is not applicable here because Mr.

Jasper v. H. Nizam, Inc.

764 N.W.2d 751 · Supreme Court of Iowa · Mar 5, 2009

It determined Jasper failed to establish the existence of a well-recognized and clearly defined public policy to support her cause of action and that she failed to present substantial evidence to show she was terminated for … Lastly, Kid University argues that this particular administrative regulation is too detailed and confusing to qualify as a “clearly defined” public policy.

Benson v. Williams

239 Iowa 742 · Supreme Court of Iowa · Jun 15, 1948

If it develop that either party cannot so qualify probably that would justify the other in terminating the engagement. … Whether defendant was guilty of breach of the contract was clearly a question of fact for the jury under this record. III.

State v. Farrington

90 Iowa 673 · Supreme Court of Iowa · Jan 24, 1894

This was clearly not cross-examination. The witness had not been interrogated on his examination in chief as to the matters sought to be shown on cross-examination. … Every fact necessary to be established in the first instance to show his competency had been shown.

Schanke v. Mendon

250 Iowa 303 · Supreme Court of Iowa · Dec 16, 1958

We think that clearly the defendant’s term to which the salary increase applied did not commence until January 1958. The statutes seem decisive on the point. … Wolf was elected treasurer on April 2, 1895, and qualified and took over the office on April 16.

Matter of Estate of Bliven

236 N.W.2d 366 · Supreme Court of Iowa · Dec 17, 1975

Clearly, said charities acquired no property right whatsoever by intestate succession from Amy C. Bliven. … Code § 450.10 clearly imposes such a tax upon any and all legacies or statutory successions coming within the provisions of chapter 450.

State v. Hopkins

192 N.W.2d 747 · Supreme Court of Iowa · Dec 15, 1971

Yarham, 206 Iowa 833, 840 , 221 N.W. 493 , 496: “ * * Proof of similar transactions involving crime must be clearly shown. .Mere suspicion is not enough. … We agree evidence of the 1965 transaction was relevant for the purpose of tending to establish Hopkins, because of his acquaintance and previous contacts with the sisters, was exceptionally qualified to effectively aid and

Comes v. Microsoft Corp.

696 N.W.2d 318 · Supreme Court of Iowa · May 13, 2005

These three issues involve alleged statutory violations, which are “clearly ... legal question[s]” and are “classic issue[s] that [are] considered common to a class.” … Microsoft contends that, even if a class action might otherwise be maintained, these plaintiffs do not qualify to bring the action because they are not true representatives of the class.

Zeman v. Canton State Bank

211 N.W.2d 346 · Supreme Court of Iowa · Oct 17, 1973

Applying these considerations to the facts presented we find Minnesota clearly had more significant contacts than Iowa. … The bank did call a qualified expert on Minnesota law.

Burton v. Neill

140 Iowa 141 · Supreme Court of Iowa · Nov 17, 1908

cases where the jury has.requested additional instructions, it should no doubt be applied also to eases where the court calls in the jury, on his own motion, to give them further instructions, *145 'for such an occasion is clearly … Heetland was fully qualified to testify as an expert) it certainly must be a question for the jury to determine the weight to be given to the testimony of the witnesses under the circumstances of the case.

Frost v. Des Moines Still College of Osteopathy & Surgery

248 Iowa 294 · Supreme Court of Iowa · Nov 13, 1956

Clearly the same reasoning must apply to the corporate hospital and its servants. … C. 123, 130 F.2d 810, 827 , pointed out that “the law’s emphasis ordinarily is on liability, not immunity, for wrongdoing”, and we may also observe that public policy abhors the classification and inference brought about

City of Jewell Junction v. Cunningham

439 N.W.2d 183 · Supreme Court of Iowa · Apr 19, 1989

A party who asserts a nonconforming use has the burden to establish the lawful and continued existence of the use, and once the preexisting use has been established by a preponderance of the evidence, the burden is on the … The evidence clearly shows that there was a drastic change in the type of resident cared for in the home.

Hutchinson v. Fort Des Moines Community Services, Inc.

252 Iowa 536 · Supreme Court of Iowa · Feb 7, 1961

We pointed out in the previous Hutchinson case (at page 1312 of 250 Iowa): “Three competent and qualified experts testified, and the evidence offered is sufficient to require submission to the jury as to Community Services … “No legal principle is better established, nor has been more consistently followed, throughout more than 100 years of judicial history of Iowa.” Krieg v. Grant, supra, 248 Iowa 396, 404 , 80 N.W.2d 724, 728 .

Banilla Games, Inc. v. Iowa Department of Inspections and Appeals

919 N.W.2d 6 · Supreme Court of Iowa · Oct 12, 2018

Because the legislature did not clearly delegate interpretative authority to the Department and the terms are clearly within the 4“ ‘Distribution center’ means a building or structure used primarily for the storage … “Discretion is abused when it is exercised on grounds clearly untenable or to an extent clearly unreasonable.” Martin Marietta Materials, Inc. v. Dallas County, 675 N.W.2d 544, 553 (Iowa 2004) (quoting Berg v.

State Ex Rel. Adams v. Murray

219 Iowa 108 · Supreme Court of Iowa · Dec 11, 1934

The quotations from the record above set forth disclose clearly that default was properly entered against Tinley. … O’Connor, the duly elected, qualified and acting Attorney General of the State of *118 Iowa, and Clair E. Hamilton, the duly appointed, qualified and acting Assistant Attorney General of the Stale of Iowa.