“Mail” now means “email” under the Administrative Procedure Act, Iowa Supreme Court rules
When the Iowa Legislature enacted the Administrative Procedure Act in 1975, the statute required petitioners to notify the other parties by mail. That meant sending a paper copy of the petition through the mail within 10 days, or delivery in person under a 1981 amendment.
Iowa Supreme Court: Cuts in public-sector collective bargaining rights meet constitutional muster
Amendments to Iowa Code Chapter 20 that substantially reduced the collective bargaining rights of most state and local government employees did not violate union members’ equal protection or free association rights under the Iowa Constitution, the Iowa Supreme Court ruled May 19.
Iowa Supreme Court affirms Carroll Airport’s decision affecting a towering grain elevator in its flight path
The Carroll Airport Commission ordered a farmer to remove a 12-story grain elevator erected near its runway because it presents a flight hazard. The Federal Aviation Administration, however, issued a contrary opinion saying the elevator could remain.
The Io …
read moreIowa Supreme Court upholds Utilities Board rule that eases regulation of wind farms
Is a wind farm with 170 windmills spread over 80 square miles a single power plant or a collection of separate power plants?
According to the Iowa Utilities Board, it is the latter, and the Iowa Supreme Court deferred to that statutory interpretation in a d …
read moreTwo judges appointed to Iowa Court of Appeals by Governor Reynolds
Gov. Kim Reynolds appointed Marshalltown attorney Sharon Soorholtz Greer and Polk County District Judge David May to the Iowa Court of Appeals May 29.
They replace former Chief Judge David Danilson, who retired in January, and Judge Christopher McDonald, …
read moreEighth Circuit case on food-stamp records to be argued at U.S. Supreme Court April 22
The U.S. Supreme Court will hear oral arguments Monday in a case from the U.S. Court of Appeals for the Eighth Circuit that likely will decide whether a Sioux Falls, S.D., newspaper should have access to food-stamp spending at specific retail stores.
Cons …
read moreWhen are police reports introduced in a civil trial public records? It depends, the Iowa Supreme Court says
The Iowa Supreme Court has clarified two previous rulings that reached seemingly contradictory positions on whether police investigative reports must be made public under the Iowa Open Records Act.
The clarification came in a ruling handed down April 5 in …
read moreThe final round of oral arguments for the Iowa Supreme Court’s 2018-19 term set for April 9
The Iowa Supreme Court is set to hear oral arguments in five cases on April 9, and nine other cases will be submitted to the court without oral argument. Three cases will be argued beginning at 9 a.m., and two will be argued beginning at 1:30 p.m.
Go to t …
read moreFrom our archive: An interview with Justice Daryl Hecht, who died April 3
Three years ago Rox Laird, a contributor to this blog, sat down with Iowa Supreme Justice Daryl Hecht for a rare on-the-record interview ahead o …
read moreIowa Supreme Court will hear arguments in a case that could affect future wind power regulation
The Iowa Supreme Court will hear oral arguments in Forest City April 2 in a case that raises for the first time a question about how Iowa law regulating approval of electric generating facilities applies to wind energy projects.
The argument, which is open …
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Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
An entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative entities. Does that mean the State Auditor has authority to audi …
Fired Catholic school principal won’t get new trial, Iowa Supreme Court rules
A former principal of St. Joseph’s Catholic School in Des Moines will not get a new trial in her unsuccessful civil action against the Catholic Diocese of Des Moines, St. Joseph’s Church, and the pastor who supervised her, for fraud and defamation by all defendants, and breach of contract against the pastor, Father Jose …
Iowa Supreme Court allows open records suit to proceed, saying the Governor is not immune from such litigation
The Iowa Supreme Court affirmed the Polk County District Court’s denial of a motion to dismiss a suit brought by journalists claiming Gov. Kim Reynolds and other staffers within her office violated the Iowa Open Records Act. In reaching that decision, the Court held the plaintiffs’ claims against the Governor did not vi …
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.