Case law

City of Panora v. Simmons

445 N.W.2d 363 · Supreme Court of Iowa · Aug 16, 1989

Responsibility of Business Establishments. … It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values.

Pamela Sue Hook Vs. Carl Frederick Lippolt And The State Of Iowa

Supreme Court of Iowa · Aug 29, 2008

Lippolt’s Immunity. … To establish deceptive or fraudulent conduct, there must be proof the defendant acted “with the intent to mislead the injured party.”

State Ex Rel. Brown v. Community School District of St. Ansgar

249 Iowa 1226 · Supreme Court of Iowa · Jul 28, 1958

Evidence presented at the trial established the fact that there were 1214 qualified electors residing in that area at the time of the filing of the original petition. … Section 275.13 provides: “Such petition shall be accompanied by an affidavit showing the number of qualified electors living in the territory described in the petition and signed by a qualified elector residing in the territory

Hearst Corp. v. Iowa Department of Revenue & Finance

461 N.W.2d 295 · Supreme Court of Iowa · Oct 19, 1990

Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. … A taxpayer may establish “reasonable cause,” as that term is used in our tax penalty statutes, by establishing that it did all that ordinary business care and prudence would demand. Armstrong’s, 320 N.W.2d at 629 .

Taneia Galloway Vs. State Of Iowa

790 N.W.2d 252 · Supreme Court of Iowa · Nov 5, 2010

Her final contention is that these particular releases are insufficient to waive the State’s liability because the intent to waive liability is not clearly expressed. … Ass’n, 241 Iowa 1269, 1274 , 45 N.W.2d 151, 154 (1950) (weighing and ultimately rejecting public policy justifications for the immunity doctrine).

State v. Hollins

397 N.W.2d 701 · Supreme Court of Iowa · Dec 17, 1986

Their testimony, viewed in its most favorable light, established the following circumstances. Late in December Jackson received a telephone call at her home. … Further, the State clearly had the right to develop fully the circumstances leading to the theft of the murder weapon.

Slater v. Olson

230 Iowa 1005 · Supreme Court of Iowa · Sep 16, 1941

Plaintiff, in the certiorari proceeding, stated that he had been granted a full pardon and restoration to all the rights, privileges and immunities of citizenship which were forfeited by reason of his conviction; that the … 2d 1009, a civil service commission rule provides (a) where the commission has information that a candidate whose name appears on the eligible list has a *1011 questionable character or reputation he will be marked “not qualified

Vinson v. Linn-Mar Community School District

360 N.W.2d 108 · Supreme Court of Iowa · Dec 19, 1984

That benefit would exist, however, even if qualified privilege had been submitted. The effect of the defense, when it is established, is to shift the burden to the plaintiff to prove actual malice in order to recover. … Defendants argue that the school district was immunized from liability by an amendment to Iowa Code section 613A.4 (1981). See 1982 Iowa Acts ch. 1018, § 5.

Woodbury County v. Iowa Civil Rights Commission

335 N.W.2d 161 · Supreme Court of Iowa · Jun 15, 1983

This burden is met in the present case if the complainant establishes substantial evidence (1) that she was a member of a protected class; (2) that she was objectively qualified for the position; (3) that she was excluded … The County does not seriously contend that Lee has not satisfied this burden and we conclude that she clearly did. Lee, who is of Chinese extraction, was told by Lambertson that she was qualified.

Kolbe v. State

625 N.W.2d 721 · Supreme Court of Iowa · Apr 25, 2001

On appeal, the Kolbes contend that the State has no such statutory immunity. … This is consistent with the clearly established law that administrative rules cannot go further than the law permits. Iowa Nat’l Indus. Loan Co. v. Iowa State Dep’t of Revenue, 224 N.W.2d 437, 441 (Iowa 1974).

Scottish Union & National Insurance v. Herriott

109 Iowa 606 · Supreme Court of Iowa · Oct 27, 1899

Rep. 785), seems to establish the rule by which to determine this question. … It is clearly a tax on business, and not' a tax on property, and the payment of the tax is necessary to enable the corporation to continue in that business.

State Ex Rel. Miller v. DeCoster

596 N.W.2d 898 · Supreme Court of Iowa · Jul 8, 1999

Neither is there immunity for prohibited acts by way of DeCoster’s permits for his operations from the department of natural resources. In Bormann v. … But this action did not qualify as a superseding cause because the harm was “within the scope of the risk” created by DeCoster’s conduct in not removing the accumulating waste from the basin.

Collins v. State Board of Social Welfare

248 Iowa 369 · Supreme Court of Iowa · Feb 5, 1957

Such payments, in accord with the public assistance standards, adopted by said department, were established at $293.26 per month, less $15 per month of outside income, and less a general budgetary limitation of $3 per month … We think the amendment is clearly discriminatory between dependent children as defined in section 239.1(4), and is purely arbitrary and unreasonable in view of the announced purpose of the Act.

Boyer v. Iowa High School Athletic Association

256 Iowa 337 · Supreme Court of Iowa · Apr 8, 1964

Town of Cocoa Beach, Fla., 96 So.2d 130 (written before Molitor), the Florida court abolished the long established municipal corporation immunity from liability for the torts of police officers. … In doing so a long well established line of cases was overruled.

State v. Skaggs

153 Iowa 381 · Supreme Court of Iowa · Dec 18, 1911

"Without any apparent protest by him, and without offer of immunity or clemency by others, he proceeded with the officer to his room and delivered up the gun. … It was clearly correct. If for no other reason, the inquiry was inadmissible because it does not direct the witness’ attention to any particular statement.

Grefe v. Ross

231 N.W.2d 863 · Supreme Court of Iowa · Jul 31, 1975

The evidence supports the trial court’s finding that each element of fraud was established. … Clearly, it made no difference to the company’s liability whether those representations were made by Haws or Gahn.

Smaha v. Simmons

245 Iowa 163 · Supreme Court of Iowa · Sep 22, 1953

The trial court correctly held the evidence did not establish the Garwin Sun was not a qualified newspaper under section 618.3, Code, 1950. … It can hardly be said here that the intent to repeal the election procedure in chapter 276 “clearly and unmistakably appears.”

Phyllis Konchar v. Joseph Pins, St. Joseph's Church of Des Moines, and the Roman Catholic Diocese of Des Moines

Supreme Court of Iowa · Apr 14, 2023

Those duties qualified Rehfield as a minister. Id. at 142. … “Summary judgment is an important procedure in . . . immunity cases because a key purpose of the immunity is to avoid costly litigation, and that . . . goal is thwarted when claims subject to immunity proceed to trial.

Gates v. City of Bloomfield

243 Iowa 671 · Supreme Court of Iowa · May 6, 1952

Town of Sharon, 143 Iowa 730, 732 , 121 N.W. 523 , 524: “For the exercise of purely governmental functions a municipal corporation is not liable. * * * The creation and maintenance of a nuisance is very clearly not a governmental … We hold that would not immunize the City from liability predicated upon nuisance. Hence, the order and judgment were erroneous. — Eeversed. All Justices concur.

Fischer v. UNIPAC Service Corp.

519 N.W.2d 793 · Supreme Court of Iowa · Jul 27, 1994

Fischer claims the record clearly establishes that defendants knew or should have known he was eligible for the extended deferment. … Finally, a year later Carr again demanded that UNI-PAC correct the default status because Fischer “clearly qualifies for deferment under current law and regulations.”