MANSFIELD , Justice . I. Introduction. This appeal requires us to decide whether, before May 11, 2017, Iowa Department of Transportation (IDOT) Motor Vehicle Enforcement (MVE) officers could issue traffic citations unrelated to operating authority, registration, size, weight, and load. Two motorists were separately cited by MVE officers in 2016 for speeding in a construction zone. They sought declaratory orders that MVE officers lacked authority to stop vehicles and issue these citations....
MANSFIELD , Justice . This case, although procedurally different from Rilea v. Iowa Department of Transportation, 919 N.W.2d 380 , 2018 WL 5090853 (Iowa 2018), presents many of the same issues. A motorist was stopped in August 2016 by an Iowa Department of Transportation (IDOT) Motor Vehicle Enforcement (MVE) officer for speeding in a construction zone. The MVE officer then determined that the motorist's driver's license had been revoked pursuant to Iowa Code chapter 321J. He arrested...
DECISION WITHOUT PUBLISHED OPINION An applicant requests further review of a court of appeals decision affirming the district court's denial of his application for postconviction relief. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.
HECHT , Justice . The parties executed a premarital agreement waiving the right to seek an award of attorney fees in the event of a dissolution of their marriage. During their subsequent dissolution proceeding, the parties litigated issues pertaining to physical custody of the two minor children, child support, spousal support, and property division. One of the parties requested an award of attorney fees arising from litigating issues of child custody, child support, and spousal support,...
PER CURIAM . We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand the case to the district court for further proceedings consistent with our holding in Schmidt v. State, 909 N.W.2d 778 (Iowa 2018). DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND REMANDED. This opinion shall not be published.
ZAGER , Justice . An attorney removed from his elected position as Van Buren County Attorney challenges the district court order for his removal. Chapter 66 of the Iowa Code authorizes a district court to remove "[a]ny appointive or elective officer, except such as may be removed only by impeachment, holding any public office in the state or in any division or municipality thereof" in certain circumstances. Iowa Code 66.1A (2015). We must now decide whether an elected county attorney was...
WATERMAN , Justice . In this appeal, we must decide whether the district court correctly granted summary judgment dismissing the plaintiff's disability discrimination claims. The plaintiff, who has multiple sclerosis (MS), applied for a full-time job as a firefighter. The defendant City declined to hire him after the physician performing its preemployment physical examination reported the applicant was not medically qualified for the position. The physician made that determination based on...
ZAGER , Justice . The plaintiffs are the owners and/or residents of real estate located near the confined animal feeding operations (CAFOs) owned and operated by the defendants. The plaintiffs have brought suit against the defendants, claiming the defendants are negligent in their operation of the CAFOs. The plaintiffs also contend the CAFOs constitute a nuisance that entitles the plaintiffs to damages for the loss of use and enjoyment of their property due to the odors, pathogens, and...
APPEL , Justice . In this case, we consider wrongful-termination-of-employment and failure-to-hire claims brought by Joseph Walsh, a former chief administrative law judge of the Unemployment Insurance Appeals Bureau in Iowa Workforce Development (IWD), against the then-IWD director Teresa Wahlert and against the State. Walsh brought two claims. First, Walsh alleged retaliation under the whistleblower protection provisions of Iowa Code section 70A.28 (2014). The thrust of Walsh's...
APPEL , Justice . In this interlocutory appeal, Marlon Mormann, an applicant for the position of Deputy Workers' Compensation Commissioner at Iowa Workforce Development (IWD) calls upon us to determine whether the statutory requirement that complaints be filed with the Iowa Civil Rights Commission (ICRC) within 300 days of the discriminatory act may be tolled through application of the discovery rule or equitable estoppel. See Iowa Code 216.15(13) (2015). If we determine these equitable...
ZAGER , Justice . Claimant Kelly Brewer-Strong contends the workers' compensation commissioner wrongly denied her healing period benefits under Iowa Code section 85.34(1) (2016). Brewer-Strong filed a petition seeking workers' compensation benefits after developing bilateral carpal tunnel injuries allegedly arising out of and in the course of her employment with HNI Corporation (HNI). HNI originally denied liability for the claimed injuries. Brewer-Strong filed a petition for alternate...
CADY , Chief Justice . In this appeal, we address a number of claims within a lawsuit by two female parishioners and their spouses against a church based on claims of negligence and defamation involving sexual abuse and exploitation perpetrated on the women by the church pastor and the subsequent response by the governing body of the church. The district court granted summary judgment for the church on all claims except negligent supervision, but found the negligent-supervision claims...
WIGGINS , Justice . In this case, we consider Lynn and Roger Larsen's parental responsibility for postsecondary education for their daughter following the dissolution of their marriage. As part of the dissolution proceedings, the parties entered into a partial stipulation regarding financial contributions toward their daughter's postsecondary education. When their daughter began to attend college at Iowa State University (Iowa State), they could not agree on the proper amount owed by each...
WIGGINS , Justice . A client appealed the district court's grant of summary judgment in favor of her attorney and the attorney's law firm in her legal negligence action. The client argued the court erred in finding the statute of limitations barred her action. She also contended the court erred in declining to apply the discovery rule, the continuous-representation rule, or the doctrine of fraudulent concealment. We transferred the case to the court of appeals, which reversed the judgment...
ZAGER , Justice . In 2011, a jury convicted David Powers on two counts of sexual abuse based on allegations made by his granddaughter from several years earlier. Throughout the trial, Powers denied all the claims made against him. The jury heard testimony from the child victim and other various family members, including the child's parents and brother, that the child was known to lie. Powers appealed his convictions arguing, among other claims, that there was insufficient evidence to...
WIGGINS , Justice . An applicant filed a postconviction-relief action claiming he was actually innocent although he knowingly and voluntarily pled guilty to the charged crimes. He based his actual-innocence claim on a recantation by the victim. The district court granted the State's motion for summary dismissal/summary judgment, ruling the applicant cannot use the recantation to attack his knowing and voluntary guilty pleas because the recantation was extrinsic to the pleas. The applicant...
HECHT , Justice . The parties executed a premarital agreement waiving the right to seek an award of attorney fees in the event of a dissolution of their marriage. During their subsequent dissolution proceeding, the parties litigated issues pertaining to physical custody of the two minor children, child support, spousal support, and property division. One of the parties requested an award of attorney fees arising from litigating issues of child custody, child support, and spousal support,...
