Case law

State v. Iowa District Court for Webster County

801 N.W.2d 513 · Supreme Court of Iowa · Jul 8, 2011

He noted that the state could further its goals by granting use immunity or by establishing a voluntary program. Id. at 69-71 , 122 S.Ct. at 2043-45 , 153 L.Ed.2d at 80-81 . … The test to be applied by Justice O’Connor is somewhat opaque, but it is clearly a lower hurdle than the “atypical and significant hardship” standard applied in Sandin.

Dittmer v. H. Mierandorf

139 Iowa 182 · Supreme Court of Iowa · Jul 9, 1908

Having qualified under said' appointment, the commissioners proceeded to take the testimony of the parties and their witnesses concerning the location of the corner in question and the existence of alleged marks and monuments … To this report the defendant objected on the ground that the findings of the commissioners were not justified by the evidence, and upon the further grounds that the evidence clearly and affirmatively established the fact

Ratigan v. Ratigan

181 Iowa 860 · Supreme Court of Iowa · May 14, 1917

But this error is clearly not a prejudicial one. The trial court credited the father with this $1,000. … declarations as to 80 acres of the land, whereupon the dwelling house of his son was, he never made any such as to this 40 acres sold to Setz; that as to it he always took the position that he owned it absolutely; that he qualified

Dunlap Care Center v. Iowa Department of Social Services

353 N.W.2d 389 · Supreme Court of Iowa · Jul 18, 1984

Section 249A.4 is the enabling provision which empowered and direct *397 ed the commissioner to make rules and establish policies to implement the Iowa medicaid program in accordance with the standards and priorities established … The statute clearly applied only to medicaid patients, not to private patients.

Van Buren County Hospital & Clinics v. Board of Review

650 N.W.2d 580 · Supreme Court of Iowa · Sep 5, 2002

Clearly, our legislature wanted to maintain this practice by establishing the municipal exemption. … Counties are permitted by statute to establish hospitals.

Hollinrake v. Iowa Law Enforcement Academy

452 N.W.2d 598 · Supreme Court of Iowa · Mar 21, 1990

The rule is clearly subject to two interpretations, and the academy’s interpretation is just as reasonable as Hollin-rake’s. … The academy’s interpretation, that the rule requires corrected vision of 20/20 in each eye, is clearly plausible.

State v. Williams

695 N.W.2d 23 · Supreme Court of Iowa · Apr 15, 2005

The parties stipulated that if an assault was established, it qualified as domestic abuse because Williams and Raegen were married, living together, and had children together. … Thus, because Raegen’s statements qualified as excited utterances, a firmly rooted exception to the hearsay rule, their admission did not violate the Confrontation Clause.

Schmitt v. Clayton County

284 N.W.2d 186 · Supreme Court of Iowa · Oct 17, 1979

Thierman we clearly stated that violation of a statute regulating the operation of a motor vehicle on a public road is negligence. … This section establishes the obligation of the county to warn travelers of dangerous or changing road conditions. It establishes a general duty to place adequate signs.

Wingert v. Urban

250 N.W.2d 731 · Supreme Court of Iowa · Feb 16, 1977

Having established the signature requirement is mandatory there remains the question of the effect of the two elections. In both elections the voters clearly expressed their wish Urban be re-elected. … It is well established that in exceptional circumstances candidates may be excused from mandatory petition requirements. See 29 C.J.S.

State v. McIntosh

109 Iowa 209 · Supreme Court of Iowa · Oct 10, 1899

It was clearly competent to be considered if the conspiracy was found, and it went to the jury properly guarded by instructions in this respect. … Appellant complains of the admission of 6 this testimony, as not tending to establish! the alleged conspiracy.

Conkel v. Civil Service Commission

444 N.W.2d 92 · Supreme Court of Iowa · Jul 31, 1989

Section 400.11 provides in relevant part that [t]he commission shall ... certify to the city council a list of the names of the ten persons who qualify ... or such number as may have qualified if less than ten ... for the … As section 400.11 clearly states, it comes into play only when no preferred list or certified eligible list has been compiled or when that list has been exhausted.

Geyer v. Triplett

237 Iowa 664 · Supreme Court of Iowa · Apr 2, 1946

Specifically this court held that where a veteran and a civilián were both on the eligible list the veteran was to be preferred; that being on the list established the fact that he was otherwise qualified and entitled to … It is clearly dictum as stated.

First National Bank in Creston v. Smith

331 N.W.2d 120 · Supreme Court of Iowa · Mar 16, 1983

Because the commence *123 ment of work by the contractor under agreement with the owners clearly antedates the bank’s mortgage, the rights of the plaintiff bank can rise no higher than those of the owners. … Based upon these transactions, we conclude that the counterclaim qualifies as a valid supplemental pleading under Rule 90, Iowa Rules of Civil Procedure.

Henkel v. Heri

274 N.W.2d 317 · Supreme Court of Iowa · Jan 24, 1979

There, the court stated, at 261 Iowa 52 -53, 153 N.W.2d 112 : “Chapter 321B clearly relates to the authority to take blood tests when a person is suspected of driving while intoxicated, and provides no rules for admission … McIntosh, 176 N.W.2d 819 , 824: “It is not enough that a witness be generally qualified in a certain area, he must also be qualified to answer the particular questions propounded. . . .

City of Des Moines Police Department v. Iowa Civil Rights Commission

343 N.W.2d 836 · Supreme Court of Iowa · Feb 15, 1984

The Commission’s order established a framework for determining the actual dollar amount of Moore’s possible damages. … Moore’s 1978 application, when viewed as a new or separate complaint, was untimely for it was clearly filed more than one hundred twenty days after the discriminatory practice which occurred in 1972.

Iron Workers Local No. 67 v. Hart

191 N.W.2d 758 · Supreme Court of Iowa · Nov 11, 1971

In this, Commission clearly exceeded its statutory authority. A judgment for the employer does not affirmatively make negroes more welcome in Local 67. … “Civil liberties” are immunities — restraints on government — protected by constitutional provisions. The first requires involvement by governmental units; the second calls for *772 indispensable restraint.

Trachta v. Iowa State Highway Commission

249 Iowa 374 · Supreme Court of Iowa · Dec 17, 1957

Substantively that evidence which related to the establishment of the detriment was clearly admissible. Plaintiff was asked: “Q. Now, Mr. … As a qualified witness his opinion was proper.

Corbett v. Stergios

256 Iowa 12 · Supreme Court of Iowa · Feb 11, 1964

The term does not imply immunity from the laws and regulations * * * of both Parties.” Appellant emphasizes disposal of property. … It establishes broad political and commercial rights as between the governments of the two nations.

Martin L. Waters And Leslie Waters Vs. State Of Iowa

Supreme Court of Iowa · Jun 25, 2010

State, 625 N.W.2d 721, 729 (Iowa 2001) (“We have routinely held that a breach of duty owed to the public at large is not actionable unless the plaintiff can establish, based on the unique or particular facts of the case … Clearly, the State’s motion for summary judgment sought judgment on the claim for negligence pertaining to the failure to remove the Deeds vehicle, but the motion did so only on two grounds.

Iowa Service Co. v. City of Villisca

203 Iowa 610 · Supreme Court of Iowa · Apr 5, 1927

There is no power plant established in said *611 city. … The relation between the two chapters is clearly indicated by Section 6264.