Case law

Andover Volunteer Fire Department v. Grinnell Mutual Reinsurance Co.

787 N.W.2d 75 · Supreme Court of Iowa · Aug 13, 2010

See Iowa Code § 86.8 (1) (establishing the commissioner’s duty to “[ajdopt and enforce rules necessary to implement” workers’ compensation laws). … Clearly, the legislature understood that compensable injuries can occur both on and off work premises.

State v. Heck

301 N.W.2d 741 · Supreme Court of Iowa · Feb 18, 1981

There is abuse only if it is shown that the discretion was exercised for reasons clearly untenable, or to an extent clearly unreasonable. State v. … After the officer was qualified as an expert witness on the subject of narcotics the following occurred: Q.

Sahai v. Davies

557 N.W.2d 898 · Supreme Court of Iowa · Jan 22, 1997

Clearly, Davies was an applicant for employment and Nissen was a prospective employer. … The immunity created by the majority has no support in the broad language of section 216.6(l)(a) or the purposes underlying discrimination laws. III.

Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill And Casey Mcgill, As Parent And Next Best Friend Of Amanda R. Mcgill, Alicia C. Mcgill, And Allison C. Mcgill, Minors Vs. Ben Fish, Thomas Vine, Mark Newton, Robert Selby, And Steven Shaffer

790 N.W.2d 113 · Supreme Court of Iowa · Oct 29, 2010

As a condition to waiving its immunity, the legislature established an administrative procedure for litigants to follow prior to commencing an action in the district court. Id. § 669.5. … The workers’ compensation laws clearly do not include coemployee gross negligence claims within their provisions, and they do not deal with such claims.

Iowa Motor Vehicle Ass'n v. Board of Railroad Commissioners

207 Iowa 461 · Supreme Court of Iowa · Sep 28, 1928

Clearly, the statute may not be designated as “local.” … Appellants operate from regularly established depots and stations in various towns along their route, on scheduled trips, year in and year out.- They pick up and discharge passengers along the route, and 'by reason of their

State v. Chancy

391 N.W.2d 231 · Supreme Court of Iowa · Jul 23, 1986

Moreover, to establish an abuse of discretion, it must be shown that it was exercised on grounds clearly untenable or clearly unreasonable. See State v. Pappas, 337 N.W.2d 490, 493 (Iowa 1983); State v. … The primary objection to the testimony of Patricia Schultz was that she was not qualified as an expert in her field. We disagree.

State v. Deets

195 N.W.2d 118 · Supreme Court of Iowa · Feb 25, 1972

qualifies as a tribunal created by law. … The false testimony, set forth above, clearly tended to impute an innocent, in fact a nonexistent benevolent purpose, to an otherwise aimless bridge crossing.

State ex rel. Fullerton v. Des Moines City Railway

135 Iowa 694 · Supreme Court of Iowa · Nov 20, 1906

A privilege or immunity of a public nature which cannot be legally exercised without legislative grant is a franchise. 2 Blackstone’s Com. 37; 2 Kent’s Com. 459.” … The only reason for requiring any qualifying interest is to guard the courts and persons who do have an interest against being burdened with litigation at the instance of a mere intermeddler.

State v. Consolidated Independent School District

195 Iowa 637 · Supreme Court of Iowa · Feb 17, 1923

school district and signed by one third of the qualified voters residing therein, is filed with the county superintendent of the county in which the largest number of qualified voters in the proposed district reside, he … The duty imposed upon the county superintendent is clearly mandatory: that is, he cannot refuse to act.

State v. Galloway

167 N.W.2d 89 · Supreme Court of Iowa · Apr 8, 1969

We accordingly proceed from the premise that the witness was a properly qualified expert. … It placed on defendant the burden of establishing the defense of alibi by the greater weight of the evidence bearing upon it. Timely exceptions were taken thereto.

Blessum v. Howard County Board of Supervisors

295 N.W.2d 836 · Supreme Court of Iowa · Aug 27, 1980

Humiliation can be inferred from the circumstances as well as established by the testimony. … As mentioned by plaintiff, in his brief, there is a body of federal law dealing with a qualified immunity from liability for damages in 42 U.S.C. § 1983 actions, which is available to various types of government officials

City of Des Moines v. Manhattan Oil Co.

193 Iowa 1096 · Supreme Court of Iowa · Oct 27, 1921

Among those prohibitions is thé one. which makes private property immune against seizure or condemnation to public use without compensation. … Is the restriction upon the use of the property within the established district so clearly unreasonable that it should be held void?

Richard C. Summy And Christine M. Summy, Vs. City Of Des Moines, Iowa

Supreme Court of Iowa · Jan 13, 2006

City of Ankeny, 616 N.W.2d 633, 638 (Iowa 2000) (“An abuse of discretion occurs when ‘the court exercise[s] [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’ … Immunity.

Hogle v. Smith

136 Iowa 32 · Supreme Court of Iowa · Oct 24, 1907

Whatever other courts may have decided upon this or kindred questions is of very little concern, where our own cases speak so clearly upon the subject. *41 5. Res Judicata: petition for rehearing. *40 II. … This is clearly a splitting of causes of action, and to our minds a case where neither Smith nor his administratrix should be made to defend again against a claim already once presented, and never withdrawn.

Tuttle v. Hutchison

173 Iowa 503 · Supreme Court of Iowa · Mar 23, 1915

That the defendants, and all persons employed by them about the place during such period were qualified electors of the city of Carroll, and of the township of Carroll, and of the state of Iowa. “ 19. … Intoxicating liquor contempt: proceeding to establish discharge by court: jurisdiction. None of these are argued. Joe Judge and M.

Dubuque Community School District v. Public Employment Relations Board

424 N.W.2d 427 · Supreme Court of Iowa · May 11, 1988

Given a substitute who has qualified for bargaining unit inclusion under the four consecutive month test of section 20.-4(5), and given the district’s offer of employment the following school year, we think there is clearly … But a substitute who qualifies in one school year will be presumed to qualify at the commencement of the succeeding year for purpose of contract negotiation, and will thereafter qualify so long as service in four consecutive

State v. Maloy

44 Iowa 104 · Supreme Court of Iowa · Sep 21, 1876

It is not essential that every proposition should be accompanied with or qualified by the doctrine of reasonable doubts. … This was clearly a matter of discretion, and there are no facts before us which will warrant us in finding that such discretion was abused. IX.'

Amended April 11, 2017 Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees

Supreme Court of Iowa · Jan 27, 2017

According to DMWW, immunity was established decades before the environmental movement raised consciousness about protecting water quality. … And, if mandamus is available in an appropriate case, as our cases clearly establish, why would injunctive relief not be available in an appropriate case, as it was in Voogd?

Bennett v. Iowa Department of Natural Resources

573 N.W.2d 25 · Supreme Court of Iowa · Dec 24, 1997

Thus, if the combustion process proposed by petitioner Bennett’s client qualifies as recycling under section 455D.3, that process can be used by municipal planning areas to help meet the goals established by the legislature … Moreover, the outcome urged by petitioner Bennett would provide an incentive for municipalities to generate even more solid waste, a result clearly at odds with the goals established for our state by the legislature.

Vinnell Griffen, As Administrator Of The Estate Of Blake Jermon, And Vinnell Griffen, Individually Vs. State Of Iowa

Supreme Court of Iowa · Jun 26, 2009

The Iowa Tort Claims Act (ITCA) waives sovereign immunity from tort liability. Iowa Code ch. 669. … The State argues the absence of express language regarding foreign applicability establishes a legislative intent against including claims arising in foreign countries.