Case law

In the Interest of D.C.V.

569 N.W.2d 489 · Supreme Court of Iowa · Sep 17, 1997

Each regional plan shall be established in advance of the fiscal year to which the re *491 gional plan applies. … Although we do not decide the issue, the questions about the department’s appropriations requests may have invaded the realm of legislative immunity. See, e.g., Marylanders for Fair Representation, Inc. v.

UtiliCorp United Inc. v. Iowa Utilities Board

570 N.W.2d 451 · Supreme Court of Iowa · Nov 26, 1997

The privileges and immunities challenge also fails. III. … , and section 12 only adds additional limitations to the classification previously established in section 476.78.

State v. Streit

248 Iowa 260 · Supreme Court of Iowa · Jan 15, 1957

He qualified as an expert and his opinion as such was competent and material. In a very early case we recognized the qualification of such a person in Hyde v. … Clearly Littrel, whose experience as a bank *264 cashier constantly called upon him to make just such comparisons of signatures, is qualified as an expert and may give his opinion of the sameness of properly identified signatures

Atrium Village, Inc. v. Board of Review

417 N.W.2d 70 · Supreme Court of Iowa · Dec 23, 1987

In Richards , applying a different scope of review, we acknowledged that two factors present there (and here) weigh in favor of an exemption: exemption from federal income tax and articles of incorporation which “clearly … Although such motives are almost always involved in charitable institutions, something more is required in order to qualify for a property tax exemption.

Manley v. State

278 N.W.2d 1 · Supreme Court of Iowa · Apr 25, 1979

The trial court went to some pains to explain to Manley the penal consequences of his pleas, clearly established that the pleas were entered voluntarily, and, as we shall see in a subsequent division of this opinion, found … Watts, 225 N.W.2d 143, 145-146 (Iowa 1975) the factual basis was established at the defendant’s sentencing hearing. In the present case the factual basis was clearly established at the degree of guilt hearing.

Jones v. PALMER COMMUNICATIONS, INCORPORATED

440 N.W.2d 884 · Supreme Court of Iowa · May 17, 1989

New York Times did not establish guidelines for making the determination of who qualifies as a public official. … Gertz , by itself, does not prevent this court from establishing the Rosen-bloom standard.

Dake v. Ward

168 Iowa 118 · Supreme Court of Iowa · Dec 19, 1914

In the absence of other evidence they would be' clearly sufficient to support the plea. 1. Boundary links : evidence : non-acquiescence : personal communications with former deceased owner. … The fact that this testimony came after the death of Claussen gave it immunity from contradiction. ' The trial court doubtless scrutinized it more closely on that account.

In Re Trust of Lunt

232 Iowa 397 · Supreme Court of Iowa · Jun 16, 1942

the one who had qualified.” … He joined with the beneficiaries in applying to the court for the appointment of a successor, clearly demonstrating his intention in the premises.

State Ex Rel. Warrington v. Community School District

247 Iowa 1167 · Supreme Court of Iowa · Aug 30, 1956

legal principle unless such intention is made to clearly appear by express declarations or by necessary implications. … Ansgar was not legally established and has no de jure existence. — Reversed. All Justices concur.

Brower v. Quick

249 Iowa 569 · Supreme Court of Iowa · Feb 11, 1958

The place of collision in relation to a north- and-south line running across the pavement was established by the photos and the testimony of the officers. … The witness has not been qualified; no proper foundation has been laid and it would invade the province of the jury.”

Dee A. Delaney v. Second Injury Fund of Iowa

Supreme Court of Iowa · May 10, 2024

According to the deputy: “Under Iowa law, the second qualifying injury must be limited to a scheduled member. … Big Ben Coal Co., 288 N.W.2d 181, 185–86 (Iowa 1980) (“It is well established that the application of erroneous legal principles mandates reversal.”).

Dee A. Delaney v. Second Injury Fund of Iowa

Supreme Court of Iowa · May 10, 2024

According to the deputy: “Under Iowa law, the second qualifying injury must be limited to a scheduled member. … Big Ben Coal Co., 288 N.W.2d 181, 185–86 (Iowa 1980) (“It is well established that the application of erroneous legal principles mandates reversal.”).

State v. Kramer

252 Iowa 916 · Supreme Court of Iowa · May 2, 1961

on the crime of rape and in submitting this issue because of lack of evidence to support it; 2, the court erred in failing to direct a verdict in favor of defendant and in failing to set aside the verdict because it was clearly … So while the right of a defendant to the services of counsel is firmly fixed, it will not do to say that, being so represented, he is immune from compliance with the rules by which established procedure requires trials must

Washington County, Ia v. Tama County, Ia

555 N.W.2d 834 · Supreme Court of Iowa · Nov 20, 1996

But we need not decide whether thirty-seven percent of the cost borne by the county qualifies the program as county funded. … Either way the first element is clearly unsatisfied because the waiver program services failed to qualify as county based. The base was much wider.

Polk County v. Hierb

37 Iowa 361 · Supreme Court of Iowa · Dec 15, 1873

Before the property can be made so liable it must be established, as a fact, that the property was so used with the owner’s knowledge or consent. … We are clearly of opinion that the judgment of the circuit court should be Affirmed.

In Re the Property Seized on or About November 14-15, 1989

501 N.W.2d 482 · Supreme Court of Iowa · Jun 16, 1993

The so-called “pokers” do not qualify as lawful amusement devices under section 99B.10 because the evidence clearly established that they contained devices that enable the possessor of the machines to release free game credits … That feature would also disqualify these machines from qualifying as legal amusement devices. See Iowa Code § 99B.10(3) (1991).

Shearer v. Perry Community School District

236 N.W.2d 688 · Supreme Court of Iowa · Dec 17, 1975

It is clearly within the power of a legislature to put adults and minors on an equal basis with regard to statutes of limitation. See Lane v. Travelers Ins. Co., 230 Iowa 973, 977 , 299 N.W. 553, 554 . … Neither have they established compliance with the notice requirements of the section. We further hold § 614.8, The Code, did not act to toll the notice period.

Lori A. Gregory Vs. Second Injury Fund Of Iowa

Supreme Court of Iowa · Jan 22, 2010

The General Assembly passed legislation establishing the Fund in 1945. … She clearly did.

Mihalovich v. Appanoose County

217 N.W.2d 564 · Supreme Court of Iowa · Apr 24, 1974

However where all the facts are clearly established it is appropriate for us to order final judgment even where we find error. Thorp Credit, Inc. v. Barr, 200 N.W.2d 535 , 537 and authorities. … We must determine whether the fact of agency can be said to be clearly established.

Keokuk County v. H.B.

593 N.W.2d 118 · Supreme Court of Iowa · Apr 28, 1999

Clearly, the gist of the relief sought by the county in its petition was within the jurisdiction of the DHS. … It claims this authority establishes an independent basis for seeking relief to the district court.