Case law

Horsfield Materials, Inc. v. City of Dyersville

834 N.W.2d 444 · Supreme Court of Iowa · Jul 5, 2013

To qualify for these funds, the City had to issue a notice to proceed by mid- February 2010. … We believe the answer is clearly yes. Thus, for its constitutional claims, Horsfield has met the “injury in fact” element of standing. See Godfrey, 752 N.W.2d at 421 (quoting the Supreme Court, in Lujan v.

Iowa Supreme Court Attorney Disciplinary Board v. Dean A. Stowers

823 N.W.2d 1 · Supreme Court of Iowa · Oct 19, 2012

Under that rule, the Board must establish: a. … A senior vice president and CFO of an organization, such as M.M., qualifies as a “managerial level employee[].”

State of Iowa v. John Arthur Senn Jr.

Supreme Court of Iowa · Jun 24, 2016

However, this in-person assessment does not establish a minimum constitutional standard of counsel. … Neither the motto nor article I, section 1, has a qualifier that the rights are applicable “to the extent convenient.”

State Ex Rel. Fletcher v. Executive Council

207 Iowa 923 · Supreme Court of Iowa · Mar 5, 1929

Even the first part is qualified, as indicated by our italics above. … When it is submitted in final form to the voter, he has no power to qualify or amend. His vote must be aye or nay. The act upon its face advises him that a debt is being ereatéd.

Nichols v. Harsh

202 Iowa 117 · Supreme Court of Iowa · Jun 21, 1926

Appellee was appointed and qualified as administratrix of his estate, and gave due notice of her appointment as such administratrix on July 9,1923. Appellant’s claim was not filed until December 11, 1924. … The claim of appellant is not in the general class of so-called “contingent claims” first above referred to, but it is clearly within the class of contingent claims intended to be and in fact covered by the provisions of

Planned Parenthood of the Heartland, Inc. and Jill Meadows v. Iowa Board of Medicine

865 N.W.2d 252 · Supreme Court of Iowa · Jun 19, 2015

If the ultrasound images are of poor quality or do not clearly show the gestational sac, the physician does not dispense the medication to the woman. … Ed. 2d 687 (1983)] that the State may not require that a physician, as opposed to a qualified assistant, provide information relevant to a woman’s informed consent.

Kent v. POLK COUNTY BD. OF SUP'RS

391 N.W.2d 220 · Supreme Court of Iowa · Jul 23, 1986

This ordinance prohibits persons from owning, sheltering, harboring, or keeping certain species of animals in Polk County, Iowa, with exceptions for those who can qualify for a permit. … The standard for reviewing a due process challenge is well established.

Sperry & Hutchinson Co. v. Hoegh

246 Iowa 9 · Supreme Court of Iowa · Jul 26, 1954

6, Article I, of the Constitution of the State of Iowa provides: “All laws of a general nature shall have a *19 uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities … We are constrained to agree with the learned trial court, as well as with the majority of the courts of the' country, and hold the classification made in the gift enterprise statutes is clearly *25 arbitrary and not sanctioned

Gardner v. Trustees of Main Street Methodist Episcopal Church

217 Iowa 1390 · Supreme Court of Iowa · Oct 24, 1933

In the case at bar the evidence clearly shows that the decedent was employed at a regular job which would last for a period of over two months. … Wherefore does not church activity and usefullness qualify as business? This term has such recognition apart from pecuniary gain.” To claim that a church has no business is the height of absurdity.

In Re The Marriage Of Elizabeth A. Briddle And David J. Briddle Upon The Petition Of Elizabeth A. Briddle

Supreme Court of Iowa · Sep 5, 2008

Although she was diagnosed with Crohn’s disease during the marriage, the evidence establishes that the disease is controlled with medications. … The claimed misrepresentation was clearly established, she asserts, by contrasting the amount of actual income claimed by David against the documents drafted by David’s attorney following the mediation conference.

Freeman v. Bonnes Trucking, Inc.

337 N.W.2d 871 · Supreme Court of Iowa · Aug 17, 1983

Fraud of Bonnes and Brenda Lewis, the secretary for Bonnes Trucking, would implicate Bonnes Trucking under respondent superior, and Bonnes would not be immune from personal liability for fraud he himself committed merely … The uncontradicted evidence conclusively establishes the contrary with respect to Bonnes Trucking. The written notices were deficient in several respects.

Smith v. JC Penney Company

260 Iowa 573 · Supreme Court of Iowa · Apr 4, 1967

But this one at the place where plaintiff fell was widely used by pedestrian employees, deliverymen and some customers with Penney’s admitted knowledge and clearly implied consent. … The trial court ruled plaintiff failed to establish her freedom from contributory negligence and was guilty of such negligence as a matter of law.

S.a. Sutton And Francine Banwarth Vs. Dubuque City Council And Royal Oaks Development Corp. Vs. Dubuque City Council And Royal Oaks Development Corp.

Supreme Court of Iowa · Sep 29, 2006

Approval of such zoning requires a finding that the proposed development qualifies under the provisions of the ordinance authorizing PUD zoning.  7 district court. … 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).

Koch v. Goff

258 Iowa 1251 · Supreme Court of Iowa · May 3, 1966

He qualified November 10, 1960, and on May 4, 1961, Elmer and Lueille filed the claim which resulted in these proceedings. … It is well established, that an account stated extends only to those transactions contemplated and intended by the parties, and the burden of proof is upon the party seeking to establish the item claimed was not to be included

State v. Heemstra

721 N.W.2d 549 · Supreme Court of Iowa · Aug 25, 2006

In that case, the State attempted to use the act causing the death to establish the predicate felony. … Both crimes could qualify as forcible felonies under section 702.11 and, therefore, serve as predicate offenses for felony-murder purposes.

In Re Burrell's Estate

251 Iowa 185 · Supreme Court of Iowa · Dec 15, 1959

Burrell was qualified to buy and sell cattle or to manage his farm from 1945 to 1955. His answer was in the negative. Testator’s brother, John, was called as a witness. … The rule as to a nonexpert witness was clearly stated in Gillette v.

Estate of Boyd v. Norman

634 N.W.2d 630 · Supreme Court of Iowa · Oct 10, 2001

Therefore, it is irrelevant whether Farm Bureau qualified as an interested person at the time of the disputed distribution. The entity that must qualify as an interested person is Berta’s estate. … The present case is clearly distinguishable. Here we are dealing with a creditor of the estate, not a creditor of a beneficiary.

State v. Davis

212 Iowa 582 · Supreme Court of Iowa · Feb 10, 1931

His testimony carries the infirmity of self-stultification and the qualified disability of an accomplice, as a witness. His testimony furnished the details of the larceny. … The ruling was clearly proper.

Vaughn v. Ag Processing, Inc.

459 N.W.2d 627 · Supreme Court of Iowa · Jul 18, 1990

Defendant claims that three discriminatory remarks on a single day do not establish a hostile environment. … Emotional pain and suffering without any accompanying fear of physical injury are clearly not encompassed within this definition. See Blacks Law Dictionary 105 (5th ed. 1979).

United Electrical, Radio & Machine Workers of America v. Iowa Public Employment Relations Board and State of Iowa and Board of Regents

928 N.W.2d 101 · Supreme Court of Iowa · May 17, 2019

And since the qualifier “base” could be considered a restricting qualifier, a reasonable person might reach the interpretation advanced by appellees. … Still, by negotiating base rates, the union can establish what amounts to a floor within a job classification.