Case law

Heins v. Lincoln

102 Iowa 69 · Supreme Court of Iowa · May 11, 1897

Now, if the bonds had been in fact issued under these ordinances, they would have been clearly void, because, after they had been sold, and before the old bonds had been called in, the indebtedness of the city would have … council is hereby authorized to borrow money for any object or purpose in their discretion, and to pledge the faith of the city for the payment thereof, provided the question of borrowing is first submitted to the legal and qualified

Millsap v. Cedar Rapids Civil Service Commission

249 N.W.2d 679 · Supreme Court of Iowa · Jan 19, 1977

Should a police officer engage in misconduct which is detrimental to the service it would be absurd to say that he is clothed with a cloak of immunity if such misconduct occurred during ‘off-duty’ hours. … Our discussion in the previous division relating to off-duty “misconduct” is clearly dispositive of the present issue without further elaboration.

Mechanics Savings Bank v. Gish

200 Iowa 463 · Supreme Court of Iowa · May 12, 1925

It was the avowed purpose of the corporation to establish a plant at Des Moines and take over the plant at Peoria, Illinois. … Evidence offered to sustain such claim ivas incompetent, was clearly in violation of the parol-evidence rule, and was properly stricken. Klemm v. Weil, 194 Iowa 1073 , and cases there cited; Smith v.

Van Der Zee v. Means

225 Iowa 871 · Supreme Court of Iowa · Sep 27, 1938

If it were allowed it is evident that there would be the *886 greatest danger of offices being filled, not by those best qualified, but by those whose purses enabled them to obtain it. ’ * * * “ ‘"We fully recognize the validity … If the candidate went to each elector and offered to pay one dollar of his taxes, that clearly would be direct bribery; and when he offers to take such.a salary as will reduce the tax upon each taxpayer one dollar, he is

Veeder v. Veeder

184 Iowa 72 · Supreme Court of Iowa · Jun 27, 1918

The suit was undetermined at the time of his death, and Frank Yeeder, his son, was appointed, and qualified as, special administrator for the purpose of prosecuting the same, in which he ultimately prevailed. Rachael A. … It is true that evidence to establish a parol gift must be clear, satisfactory, and convincing. Bevington v. Bevington, 133 Iowa 351, 358 ; Sires v. Melvin, 135 Iowa 460 ; Albright v. Albright, 153 Iowa 397 .

Iowa Water Pollution Control Commission v. Town of Paton

207 N.W.2d 755 · Supreme Court of Iowa · May 23, 1973

Provisions of chapter 4SSB, The Code, 1973, establishing the Department of Environmental Quality, were enacted by Acts (64 G.A.) ch. 1119 §§ 1 to 108, effective January 1, 1973. … Clearly the commission, like a court, has as much power to enter orders where hearing is waived as where hearing is held.

Pace v. Appanoose County

184 Iowa 498 · Supreme Court of Iowa · Sep 30, 1918

work in which another is beneficially interested, the latter may exercise over the former a certain measure of control for a definite and restricted purpose, without in *513 curring the responsibilities, or acquiring the immunities … They had filled the silo for respondent in 1912, and were engaged by him to do so in 1918, — nothing further being said about the price, though the charge had become established in the neighborhood.

Artificial Ice Co. v. Reciprocal Exchange

192 Iowa 1133 · Supreme Court of Iowa · Oct 25, 1921

But like a jury verdict, such findings are not immune against review on *1139 appeal, if it appear that they are without substantial support in testimony, nor does the rule exclude inquiry into the question whether, conceding … On the contrary, the cited ease, which is a near parallel of our own, clearly and quite emphatically negatives that proposition.

Barry C. Simpson And Stacy Simpson, Husband And Wife, David Gerber And Kathy Gerber, Husband And Wife, Jeremy Walker And Kayla Walker, Husband And Wife, Jeff Weber And Tracy Weber, Husband And Wife, Leroy F. Weber And Audrey H. Weber, Husband And Wife, Ken Witham And Cindy L. Witham, Husband And Wife, Terry W. Warmbier And Carol Warmbier, Husband And Wife, Howard P. Swanson And H. Aileen Swanson, Husband A

Supreme Court of Iowa · Mar 28, 2008

He is concerned biologic agents from the proposed facility may cause him infection in light of his compromised immune system. … Until the facility is in operation, we cannot say it inevitably will produce odors which qualify as a nuisance. 4. Property value concerns.

Greenwood Manor v. Iowa Department of Public Health, State Health Facilities Council

641 N.W.2d 823 · Supreme Court of Iowa · Apr 3, 2002

Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. … This well-established principle is supported by the legislature’s delegation of authority to the Council to establish rules not inconsistent with the law that will aid the Council in the enforcement of the certificate of

Titan Tire Corp. v. Labor Commissioner

637 N.W.2d 115 · Supreme Court of Iowa · Dec 19, 2001

See Matter of Establishment Inspection of Gilbert & Bennett Mfg. … . *129 In the event of a dispute over who qualifies as an authorized employee representative, IOSHA compliance officers have authority to resolve the dispute.

Hulme v. Barrett

449 N.W.2d 629 · Supreme Court of Iowa · Dec 20, 1989

It then concluded that plaintiff, at age thirty-nine, did not fall within the group that the statute had meant to protect and therefore did not qualify for any relief under the Iowa Civil Rights Act. … As to count III, the court should determine whether plaintiff established a prima facie case of retaliatory discharge.

State v. Lam

391 N.W.2d 245 · Supreme Court of Iowa · Jul 23, 1986

The language of the statute clearly establishes the requirement that a defendant be convicted of two prior felonies before this enhanced sentencing provision is applied. In State v. … Further, we noted that the events leading up to the two robberies might qualify as a “common scheme or plan" under amended rule 6(1). Id at 512. 2 . Mo.R.Crim.P. 23.05 (1983).

State v. Thomas

205 N.W.2d 717 · Supreme Court of Iowa · Mar 28, 1973

On those facts, we held further investigation to establish defendant’s mental competency was obligatory before his guilty plea could be taken. … him * * * or by some other qualified person or persons who had recently examined him, before the court could resolve the question of reasonable doubt as to defendant’s mental capacity to enter a plea of guilty.’’

Michele M. Pitts v. Farm Bureau Life Insurance Company and Donald Schiffer

818 N.W.2d 91 · Supreme Court of Iowa · Jul 6, 2012

The fact that Michele is not actually designated as the beneficiary does not establish why Michele is not the beneficiary, nor does it establish that Tom did not intend Michele to be the beneficiary. … She would clearly qualify as a direct, intended, specifically identifiable beneficiary as expressed in the written instrument. See Schreiner, 410 N.W.2d at 682 .

Concerned Citizens of Southeast Polk School District v. City of Pleasant Hill, Iowa, and the City Council of the City of Pleasant Hill, Iowa

878 N.W.2d 252 · Supreme Court of Iowa · Apr 22, 2016

language is twenty years from the calendar year following the calendar year in which the municipality first certifies to the county auditor the amount of any loans, advances, indebtedness, or bonds which qualify … We added that “[c]ity councils are clearly vested with broad authority to carry out the goals of the urban renewal law.” Id. at 278.

Grandon v. Ellingson

259 Iowa 514 · Supreme Court of Iowa · Sep 20, 1966

Under subchapter S a qualifying corporation elects to be taxed as a partnership and the income or loss is reportable by the stockholders on their individual returns. … We need not examine the evidence to support the first three elements because defendant’s own testimony clearly shows he did not rely on any of plaintiff’s representations to his prejudice.

Home Owners Loan Corp. v. Rupe

225 Iowa 1044 · Supreme Court of Iowa · Dec 30, 1938

O’Brien was the duly appointed, qualified and acting guardian of the property of said minor. On February 16, 1929, the husband, Vernon Maxwell, conveyed said property to Vincent F. … Eq. 359, 365, 86 A. 962, 964 , said: ‘That even a clearly established negligence may not of itself be a sufficient ground for refusing relief, if it appears that the other party has not been prejudiced thereby. * * * Where

Mandicino v. Kelly

158 N.W.2d 754 · Supreme Court of Iowa · May 7, 1968

Plaintiffs, citizens and qualified voters of Sioux City initiated this action in their own behalf and on behalf of other citizens, residents and electors of their class. … Clearly in Iowa boards of supervisors possess the kinds of “governmental powers” which for purposes here necessitate their classification as legislative bodies.

Hiveley v. Dolliver

244 Iowa 1012 · Supreme Court of Iowa · Apr 8, 1953

Cavanaugh as guardian of the minors’ property, which included the interest in the real estate, and he was appointed and qualified. … No part of these transactions was withheld from the court, but they clearly appear to have been done in good faith.