Case law

Sioux City Community School District v. Iowa State Board of Public Instruction

402 N.W.2d 739 · Supreme Court of Iowa · Mar 18, 1987

That authority is clearly granted by sections 50SA.1 and 279.12. The issue is whether there is any limitation on that authority once the decision to provide insurance has been made. … Since commencement of this appeal, the Eighth Circuit Court of Appeals has ruled that WEAIT does not qualify as an employee welfare benefit plan under section 3(1) of ERISA.

Crawford v. Nolan

70 Iowa 97 · Supreme Court of Iowa · Oct 28, 1886

To secure is something materially different from payment or collection, and clearly implies and gives a discretion *101 as to the sufficiency of the security to be taken, and also as to extending the time of payment in order … The plaintiff could well take the mortgage as he did, but the evidence of Baldwin tends to show there was some qualified or conditional understanding as to the possession of the merchandise which the law denominates a badge

Dennis Willard v. State of Iowa

893 N.W.2d 52 · Supreme Court of Iowa · Apr 7, 2017

The first issue we must address is whether the PSN qualifies as a morbidity and mortality study under Iowa Code section 135.40. … Under the doctrine of last preceding antecedent, a qualifying word or phrase only refers to the immediately preceding antecedent unless the language of the statute clearly demonstrates a contrary legislative intent.

State ex rel. Martinson v. Consolidated Independent School District

190 Iowa 903 · Supreme Court of Iowa · Jan 24, 1921

Clearly, the provisions of this statute are mandatory. … In the light of the facts pleaded, we said: “We think the provisions of the statute requiring the boundaries of the proposed district to be described in the petition and published notice, and requiring one third of the qualified

Chicago & North Western Railway Co. v. City of Osage

176 N.W.2d 788 · Supreme Court of Iowa · May 5, 1970

They only enjoy sovereign immunity from general limitation statutes when acting in their governmental capacities. State ex rel. Schlegel v. … “In Iowa it was an almost universal practice for rural or ‘district’ schools to be established on a square acre in at least every township.

Small v. C., R. I. & P. R.

55 Iowa 582 · Supreme Court of Iowa · Apr 6, 1881

C., said: “ I have carefully examined all the authorities which were referred to in support of this argument, and they clearly establish that when the right of the plaintiff, in resj>ect of which he sues, is derived under … This ruling was clearly correct.

State Ex Rel. Howson v. Consolidated School District

245 Iowa 1244 · Supreme Court of Iowa · Jun 15, 1954

In the instant case the plaintiffs are residents of territory outside said district and are clearly adverse to claims made by said district. … be taken as verities; that defendant’s denial of plaintiffs’ petition placed the burden upon the plaintiffs to show that the members of the Board declared to be disqualified by the judgment in Case No. 12860 were in fact qualified

Benjamin Feld, Larry Feld, And Judith Feld Vs. Luke Borkowski

790 N.W.2d 72 · Supreme Court of Iowa · Oct 22, 2010

In making this argument, the plaintiff clearly and indisputably has maintained the case should be tried as an ordinary negligence claim. … However, in a number of cases that have adopted the contact-sports exception, there have been some clearly drawn limitations on the doctrine.

Wood v. Boone County

153 Iowa 92 · Supreme Court of Iowa · Nov 20, 1911

It is a general rule that where a governmental duty rests upon a state or any of its instrumentalities, there is absolute immunity in respect to all acts or agencies. Beeks v. Dickinson County, supra. … Again, in the Meier case, the action was against a county poor master for his personal neglect, and it is clearly stated in the opinion that defendant was under no obligation ■ to - receive an insane patient, and could not

Davis v. Jenness

253 N.W.2d 610 · Supreme Court of Iowa · May 25, 1977

A requirement that one be personally satisfied a condition in fact exists before action is taken clearly involves discretion on the part of the decision-maker. Lloyd v. State, 251 N.W.2d 551 (Iowa 1977). … Plaintiff did not establish by substantial evidence that Jenness had refrained from driving during the period of his suspension, that he would have refrained from driving during the period of his suspension, or that he would

State v. Wright

441 N.W.2d 364 · Supreme Court of Iowa · May 17, 1989

We believe this decision was sufficient to establish a reserve police force, even though the council apparently never used the word “establish.” … Chief Swain clearly possessed the requisite expertise, and was thus a “regular force peace officer” for purposes of Iowa Code section 80D.9.

James Enterprises, Inc. v. City of Ames

661 N.W.2d 150 · Supreme Court of Iowa · May 7, 2003

Clearly, the provision in the ordinance of the city that prohibits designated smoking areas conflicts with the provisions of section 142B.2, which allows such designation. … The parties agree that plaintiffs’ establishments qualify as public places. 2 . 1987 Iowa Acts ch. 219, § 2. 3 . 1990 Iowa Acts ch. 1189, § 3.

Ruthven v. Beckwith & De Groat

84 Iowa 715 · Supreme Court of Iowa · Jun 5, 1890

To hold otherwise would give to partnerships an immunity from attachments that is not accorded to natural persons. … Woodmansee, 34 Iowa, 119 , it is said, “the rule of the law is well established that, in cases of tort, it is necessary for the party complaining to show that the damages in respect to which he proceeds are the legal and

Perry v. Dillrance

86 Iowa 424 · Supreme Court of Iowa · Oct 19, 1892

He acquired a domicile there, registered as a qualified elector, and voted at all elections, and in every way evinced his intentions to make that place his permanent abode. … He established a residence there, and became in all respects a citizen of Omaha.

State ex rel. White v. Barker

57 L.R.A. 244 · Supreme Court of Iowa · Feb 13, 1902

This immunity from unlimited legislative control has befen expressly recognized by the supreme court of the United States in City of New Orleans v. New Orleans Waterworks Co., 142 U. S. 79 , (12 Sup. Ct. Rep. 142, 35 L. … Society for Establishing Useful Manufactures, 24 N. J.

Iowa Supreme Court Board of Professional Ethics & Conduct v. Mulford

625 N.W.2d 672 · Supreme Court of Iowa · Apr 25, 2001

He established a law firm in Florida shortly after passing the bar. … Clearly, the Board had the power to bring the present charges of ethical violations against the respondent. B. Laches and estoppel.

State v. Poe

123 Iowa 118 · Supreme Court of Iowa · Feb 16, 1904

The question, it cannot be too often repeated, is simply one of inductive, probable reasoning from certain established facts. … The error involved in directing the jury that evidence of flight gives rise to a presumption of guilt is clearly pointed out in the cases on the subject. In People v. Wong Ah Ngow, 54 Cal. 151 ( 35 Am.

Goergen v. State Tax Commission

165 N.W.2d 782 · Supreme Court of Iowa · Mar 11, 1969

The Benedictine Sisters of Clyde, Missouri, intervenor, is a qualified religious institution. … The legislature clearly provided a limitation of the *788 exemption in section 450.4 when the bequest directed its use for the purposes enumerated.

State v. Public Employment Relations Board

744 N.W.2d 357 · Supreme Court of Iowa · Feb 8, 2008

The ALJ stated there was no evidence in the record that would establish the willfulness of the State’s violation of section 20.9. … Dep’t of Inspections & Appeals, 671 N.W.2d 501, 509 (Iowa 2003) (holding state agency’s general regulatory authority over health care facilities did not qualify as a legislative delegation of discretion to elaborate on the

Kaperonis v. Iowa State Highway Commission

251 Iowa 1166 · Supreme Court of Iowa · Aug 2, 1960

Their qualified valuation experts measured value of the lots upon a square-foot basis. … Clearly the trial court heard the testimony concerning that element of value due to location as it related to the dock, heavy industry and to the rental residential area.