Case law

Sears, Roebuck and Company v. Poling

248 Iowa 582 · Supreme Court of Iowa · Mar 5, 1957

R. 8, page 89, states: “With but few exceptions, these clauses have not immunized the landlord from responsibilitjr for his acts of affirmative negligence.” … fire must be an unavoidable casualty the court stated: “If it had been intended that the fire must also be an unavoidable casualty, it would seem that there was no occasion for mentioning fire at all or that, if mentioned, qualifying

Ness v. Independent School District

230 Iowa 771 · Supreme Court of Iowa · Jun 17, 1941

W. 29, 31 , “The rule long established in this state is that a municipality, in the exercise of its purely governmental function, is not liable for negligence.” … In affirming a judgment for damages, the opinion states: “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

Boardman v. Davis

231 Iowa 1227 · Supreme Court of Iowa · May 12, 1942

conditions require; and their conclusions should not be disturbed by the courts unless clearly arbitrary and unreasonable.” … The building permit afforded defendants no protection, because *1232 the location of the building clearly violated the zoning ordinance.

State v. Musser

721 N.W.2d 734 · Supreme Court of Iowa · Aug 4, 2006

The test results at issue here are clearly nontestimonial. See People v. … In order to establish a due process violation based upon prosecutorial misconduct, the defendant must first establish proof of misconduct. Id. at 869 .

Lambert v. Rice

143 Iowa 70 · Supreme Court of Iowa · Mar 10, 1909

It in no sense qualifies the former *75 action of the court, but causes such former action of the court to appear correctly upon the record, according to the very truth, as it was at that time. … The record, as so corrected, establishes the unmistakable title of plaintiff McBride to .the property in question, and he is entitled to a decree so finding.

Mosher v. Department of Inspections & Appeals, Health Facilities Division

671 N.W.2d 501 · Supreme Court of Iowa · Nov 13, 2003

Clearly, DIA’s general regulatory authority over health care facilities under chapter 135C does not qualify as a legislative delegation of discretion to DIA with respect to the particular matter of dependent adult abuse under … Section 235B.2(5)(a )(l)(c) requires that a person qualify as a caretaker at the time of each specific act of abuse.

Dubuque Comm. Sch. D. v. Pub. Emp. Rel.

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

Town of McGregor v. Baylies

19 Iowa 43 · Supreme Court of Iowa · Jun 16, 1865

It may be foun¿ jn gession Laws of 1862, page 41, et seq., and is entitled “An act to establish a court at McGregor,” and has eleven sections. … He must be a qualified elector of *45 the town and commissioned by the governor.

Wheeler v. Long

128 Iowa 643 · Supreme Court of Iowa · Oct 21, 1905

Said Long appears to have been duly qualified as executor, and to have been also appointed guardian of the child. … That the clearly expressed purpose of the testator to create an estate of this kind will be respected and enforced is well established. Wilhelm v. Calder, 102 Iowa, 342 , 30 Am. & Eng. Enc.

State v. Boyken

217 N.W.2d 218 · Supreme Court of Iowa · Apr 24, 1974

defendant’s conviction was affirmed only because other instructions clearly directed the jury to consider only lack of evidence on the part of the State. … Where the owner is a private corporation, a managing officer may testify if, as here, it is further shown he has knowledge of such value as qualifies him in fact.

McCoy v. Quigly

55 Iowa 315 · Supreme Court of Iowa · Dec 16, 1880

The burden to establish these specifications is on the defendant. … There was evidence tending to show a portion of the material *318 put into the house was rotten and of inferior qualify.

Andrews v. Young Men's Christian Ass'n

226 Iowa 374 · Supreme Court of Iowa · Feb 15, 1939

We are clearly of the opinion that the true legal relation of master and servant existed between the de: fendant and the drivers in its employ at the time of the alleged injury, and that, just as such a servant has a lawful … W. 251 , the Hermann estate, by the will of the testator, was entrusted to Ewing et al., to be devoted to the establishment and maintenance of a charitable hospital.

Davis v. Best

2 Iowa 96 · Supreme Court of Iowa · Dec 15, 1855

The information does clearly state, that Best is unlawfully holding and exercising the office of county judge for the county of Lucas. … The August election is established by law, and the time it is held should be judicially taken notice of.

State of Iowa v. Amy Lois Rasmussen

Supreme Court of Iowa · May 24, 2024

Nevertheless, that is not the case here, as the record clearly refutes the defendant’s claims. … This court concluded that the statute “clearly informs the court and the defendant under what circumstances the court will extend a no-contact or- der.” Id. at 542.

State of Iowa v. Amy Lois Rasmussen

Supreme Court of Iowa · May 24, 2024

Nevertheless, that is not the case here, as the record clearly refutes the defendant’s claims. … This court concluded that the statute “clearly informs the court and the defendant under what circumstances the court will extend a no-contact or- der.” Id. at 542.

State v. Cadle

2 Greene 400 · Supreme Court of Iowa · May 15, 1850

By that instrument it is expressly established that the clerks and prosecuting attorneys shall be elected at the general election, and hold their offices during the term of t-wo years, and the time designated for this general … The first legislature under tbe constitution clearly recognized that construction, in passing an act defining tbe time of bolding elections for state, district and county officers. Laws of 1847, p.~ 153.

Larry C. Beverage, Individually and as Personal Representative of the Estate of Charles E. Beverage, and Linda K. Anderson, and Bonnie K. Valentine v. ALCOA, Inc., a Pennsylvania Corporation, and Iowa-Illinois Taylor Insulation, Inc., successor-in-interest to Iowa Illinois Thermal Insulation, Inc., an Iowa Corporation

Supreme Court of Iowa · Jun 17, 2022

“The prima facie showing shall be made as to each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician.” Id. … These subsections limit use of the medical impairment evidence required to establish a prima facie claim to pretrial proceedings, id. § 686B.7(1)–(2); preclude discovery until a prima facie case is established, id.

LS Power Midcontinent, LLC v. State

Supreme Court of Iowa · Mar 24, 2023

LSP is a Qualified Transmission Developer in MISO. As such, it is qualified to complete transmission projects in Iowa. … III, § 29; (2) the title clause, id.; and (3) the privileges and immunities (equal protection) clause, id. art. I, § 6.

Fanning v. Mapco, Inc.

181 N.W.2d 190 · Supreme Court of Iowa · Nov 10, 1970

It is well established under our law that a condemnor may do so. … It is plaintiffs’ duty to show their witness is qualified, not defendant’s to show he isn’t.

Fuller v. Iowa Department of Human Services

576 N.W.2d 324 · Supreme Court of Iowa · Mar 25, 1998

The rule seems well-established from decided cases, however, that depression and other psychological disorders qualify as a “mental impairment” under the ADA. See Sarko v. … The analysis we established in Boelman is similar to the analytical framework in Cole , in that both require a plaintiff to prove he or she was (1) disabled; (2) qualified; and (3) suffered adverse employment decision because