HECHT, Justice. In a nuisance suit brought by a dairy farm against an electric utility, we are asked to interpret Iowa Code section 657.1(2) (2007) to determine the scope and constitutionality of the "electric utility defense." 1 We conclude the potential comparative fault defense provided in section 657.1(2) is available in any nuisance action seeking damages against an electric utility. We reverse and remand to the district court for further proceedings consistent with this opinion. I....
BAKER, Justice. The defendant in a tort action appeals from the district court's ruling granting the plaintiffs request for voluntary dismissal without prejudice on the fourth day of a jury trial. We hold that the district court erred in concluding it had no discretion to deny a motion for voluntary dismissal, and find that under the facts of this case, had the court exercised discretion in granting the voluntary dismissal, it would have been an abuse of discretion. Therefore, we reverse the...
APPEL, Justice. In this case, we are asked to review determinations by the state public defender rejecting the payment of fees to a court-appointed appellate counsel in excess of $1500. In the underlying criminal cases, appellate counsel successfully obtained reversal of the criminal convictions on the ground that the defendants were provided ineffective assistance of counsel at trial. In response to a fee application in each case, the state public defender determined that under his...
WIGGINS, Justice. The City of Davenport appeals a district court order finding its parental responsibility ordinance unconstitutional. The city also appeals the amount of the attorney fees awarded to the plaintiff. The plaintiff cross-appeals the attorney fee award. On appeal, we find the presumption of failure to exercise reasonable parental control under the Davenport Parental Responsibility Ordinance is unconstitutional and sever the unconstitutional portion of the ordinance from the...
BAKER, Justice. The Travelers Indemnity Company (Travelers), a workers' compensation assigned risk insurer, seeks further review of the court of appeals' decision affirming the district court's summary judgment ruling for the insured on Travelers' claim for payment of additional premiums as a result of Travelers' reclassification of the insured's workers as employees. Travelers asserts that the court of appeals erred in (1) determining Travelers could not raise the doctrine of exhaustion of...
CADY, Justice. In this appeal, we must decide whether a personal injury claim based on gross negligence brought by a state employee against coemployees is a common law action subject to the administrative provisions of the Iowa Tort Claims Act (ITCA) or whether it is an action under Iowa Code section 85.20 (2009) 1 not subject to the requirements of the Act. The district court found the plaintiffs were not required to comply with the exhaustion requirements of the ITCA and denied the motion...
BAKER, Justice. The petitioner seeks further review of the court of appeals' decision to reverse the district court's order terminating the respondent's parental rights pursuant to Iowa Code section 600A.8(9) (2007). The petitioner argues the court of appeals erred when it construed section 600A.8(9) to permit termination of parental rights only when the parent is currently imprisoned at the time of the termination hearing. We agree with the petitioner. We vacate the court of appeals' decision,...
APPEL, Justice. In this case, a manufacturing company appeals from denial of its motion for summary judgment by the district court in a property tax assessment proceeding. The manufacturer asserts that a cupola, vertical annealing furnace, and smokestack on its property are manufacturing equipment and, as a result, are not subject to taxation. After losing an administrative appeal, the manufacturer challenged the taxation of these items, eventually filing a motion for partial summary judgment...
TERNUS, Chief Justice. The appellee, The Sherwin-Williams Company, paid Iowa use tax on certain machines used in its Iowa retail outlets to mix base paint with colorant. The appellant, Iowa Department of Revenue, denied Sherwin-Williams' refund claim for these taxes, refusing to apply the so-called manufacturing exemption set forth in Iowa Code section 422.45(27)( a )(1) (1999). 1 On judicial review, the district court reversed the department's ruling, and the Iowa Court of Appeals affirmed...
BAKER, Justice. The plaintiffs, Jeremy Brokaw, and his parents, Joel and Karma Brokaw, seek further review of a court of appeals decision affirming the ruling of the trial court on their claims against Andrew McSorley for assault and battery and against the Winfield-Mt. Union Community School District (WMU) for negligent supervision of McSorley. The Brokaws contend the court of appeals erred in affirming the decision of the trial court, which they allege awarded inadequate compensatory damages...
HECHT, Justice. Landowners sued the State of Iowa alleging its negligent design and construction of a highway project caused a flood and resulting damages. The State moved for summary judgment asserting the district court lacked subject matter jurisdiction over the claims of some of the plaintiffs who failed to exhaust their administrative remedies and advancing statutory immunities against all of the plaintiffs' claims. The district court granted the motion based on the State's statutory...
WIGGINS, Justice. In this appeal, we review a district court order and court of appeals decision allowing a criminal defendant to gain access to a victim's privileged mental health records. The district court and the court of appeals allowed the defendant access without restriction. We now adopt a protocol that balances a patient's right to privacy in his or her mental health records against a defendant's right to present evidence to a jury that might influence the jury's determination of...
TERNUS, Chief Justice. The appellant, J. Thomas Zaber, appeals the district court's dismissal by summary judgment of his claim for a refund of cable television franchise fees imposed by the appellee, City of Dubuque, in excess of the city's cost of regulation. The district court ruled Iowa Code section 477A.7(5) (Supp. 2007) retroactively authorized these fees, rejecting the plaintiff's contention section 477A.7(5) violated his due process rights. We affirm the district court's judgment in...
