Case law

Dolezal v. City of Cedar Rapids

209 N.W.2d 84 · Supreme Court of Iowa · Jul 3, 1973

If they are to prove this diminished value, plaintiffs must initially establish the fair market value of the land before condemnation. … "In easement condemnation cases, the purposes, rights and limitations of the condemnors in the use of easements are of great variety and must be clearly delineated.

Ibp, Inc. Vs. Lee Burress

Supreme Court of Iowa · Jul 10, 2009

the consequences resulting from the establishment of that fact are understood to be serious and of great importance.” … An abuse of discretion occurs when the commissioner’s exercise of discretion is “clearly erroneous or rests on untenable grounds.” Waters, 674 N.W.2d at 96. III. Merits.

Ruby v. Lawson

182 Iowa 1156 · Supreme Court of Iowa · Feb 16, 1918

But it is also undisputed that all this occurred after unlawful commerce had been established, assuming there was such commerce. She claims he gave her money, aggregating some $10 or $15, and in small sums. … The testimony of plaintiff and of his wife is so self-contradictory on material matters, — all of the evidence is inherently so weak, has so little persuasiveness, so clearly indicates there was no affection to alienate,

Anstey v. Iowa State Commerce Commission

292 N.W.2d 380 · Supreme Court of Iowa · May 21, 1980

All such matters are to be deemed established unless unsupported by substantial evidence in the agency record, as provided in section 17A.19(8)(f), The Code. … The commission agrees that its use of the *393 term “perpetual” in its order should be so qualified.

Amended August 22, 2017 Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. Vs. Iowa Department of Natural Resources and Iowa Natural Resource Commission

Supreme Court of Iowa · Jun 16, 2017

The bottom line is that the absurdity doctrine is well established in Iowa and elsewhere, though not always clearly articulated. … Next, the Brakkes argue the emergency order qualifies as a taking because it strips the property of all economically beneficial use.

State of Iowa v. Tyjaun Levell Tucker

Supreme Court of Iowa · May 7, 2021

Here, then the power is clearly given to the General Assembly, to restrict this appellate jurisdiction. … The claim Tucker raises clearly requires the development of an evidentiary record. See, e.g., State v.

State of Iowa v. Tyjaun Levell Tucker

Supreme Court of Iowa · May 7, 2021

Here, then the power is clearly given to the General Assembly, to restrict this appellate jurisdiction. … The claim Tucker raises clearly requires the development of an evidentiary record. See, e.g., State v.

Marcus News, Inc v. O'Brien County Board of Supervisors and Iowa Information, Inc.

Supreme Court of Iowa · Nov 15, 2019

That is clearly not the case here. The subscribers to the Sanborn Pioneer and the O’Brien County’s Bell-Times-Courier are not equally distributed throughout O’Brien County. … As a result, Marcus News asserted that a total of sixty-five subscribers did not qualify under the statute.

Garrison v. Gortler

234 Iowa 541 · Supreme Court of Iowa · Mar 7, 1944

assumption that the rule is broader than the exception, and all doubts and implications should be resolved in favor of the rule rather than the exception; that is to say, the latter is strictly construed when it is to modify or qualify … The sawing of the lumber for this stand, a minor operation, while not perhaps strictly a part of the display, was clearly for the purpose of this feature of the defendant’s business.

Remer v. Board of Medical Examiners of the State

576 N.W.2d 598 · Supreme Court of Iowa · Apr 22, 1998

from a proceeding in which the role of the state was to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent or to adjudicate a dispute or issue between private parties or to establish … I also note with respect to the present case that the party requesting attorney fees does not qualify for that relief on a more basic ground.

Bell Brothers Heating And Air Conditioning And St. Paul Fire And Marine Insurance Company Vs. Robert Gwinn

Supreme Court of Iowa · Mar 5, 2010

Pichler to be the future medical care provider and established the rate of compensation. … Clearly, the legislature has not specifically addressed the issue of reimbursement for unauthorized medical care.

Meyer v. Campbell

260 Iowa 1346 · Supreme Court of Iowa · Aug 31, 1967

The test was one of substantial equality of population among the several districts established by the state legislatures for the election of members to the House of Representatives. … If the clause is applicable here, the record clearly discloses a dilution of the citizen’s voting power is permitted by the legislature in Quadrant II in Carroll County. V.

Rice v. Sioux City Memorial Park Cemetery, Inc.

245 Iowa 147 · Supreme Court of Iowa · Sep 22, 1953

Our sympathy must not be allowed to carry us to the aid of either party in circumstances of this nature unless the restriction is clearly one against public policy. … Next, she contends the term “Caucasian” as used in the contract was too vague and indefinite to be enforceable and should have been left to the jury to determine whether or not plaintiff’s husband qualified.

In the Interest of J.C., Minor Child J.C., Minor Child

877 N.W.2d 447 · Supreme Court of Iowa · Apr 1, 2016

A.W. does not speak very clearly. A.W. is in speech therapy and, according to A.W.’s mother, talking to her is like talking to a two-year- old. … Though A.W. does not speak clearly, she was able to communicate effectively to Dr. Harre and the forensic investigator.

Amended June 5, 2015 Iowa Supreme Court Attorney Disciplinary Board v. Anthony Zane Blessum

Supreme Court of Iowa · Mar 27, 2015

We characterized Hauser’s actions as “severe neglect,” “total abandonment,” and “clearly harmful to his client.” Id. at 153. … However, we cannot find that this inactivity by itself establishes a rule violation.

Des Moines Gas Co. v. West

50 Iowa 16 · Supreme Court of Iowa · Dec 6, 1878

The attorneys failing to establish a lien upon the money, it must be disposed of either to the gas company or bondholders according to their respective rights. … But, as the evidence clearly shows that the value of the assets of the gas company does not equal the amount of the bonds enforced by the decree in this case, no ■such proceedings will probably ever be instituted.

State of Iowa v. Scottize Danyelle Brown

Supreme Court of Iowa · Jun 28, 2019

The central issues in the case were whether the officers had probable cause to arrest the party participants and, if not, whether the officers were nonetheless entitled to qualified immunity. Id. at ___, 138 S. … In considering the question of qualified immunity, the Court concluded that “a reasonable officer,” looking at the totality of circumstances, could have concluded that there was a legal basis for the arrests.

Larry D. Schaefer and Elaine M. Schaefer v. Dale L. Putnam, Putnam Law Office, and SMP, L.L.C.

841 N.W.2d 68 · Supreme Court of Iowa · Dec 13, 2013

They established hotlines and held workshops to inform farmers of their rights. Id. at 668. They gathered media attention. Id. … (CFM), to enjoin the establishment of a pig nursery and confinement facility. 50 F. Supp. 2d 876, 877–78 (N.D. Iowa 1999).

Committee on Professional Ethics & Conduct of Iowa State Bar Ass'n v. Humphrey

355 N.W.2d 565 · Supreme Court of Iowa · Sep 19, 1984

We think the challenged rule falls clearly within the area left to us by the Bates opinion. … While the record revealed that these were young lawyers just developing a law practice, there is no evidence, nor even a claim, that they were in fact not qualified.

Amended August 10, 2017 Iowa Supreme Court Attorney Disciplinary Board v. Theodore Fredrick Sporer

Supreme Court of Iowa · Apr 28, 2017

The court also ordered that Linda receive substantial retirement assets through a qualified domestic relations order (QDRO) with a value in excess of $100,000. … Sporer replied, “That is correct,” but qualified his response by stating, “I am not entirely certain that it was hand-delivered.