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| City of Okoboji v. Okoboji Barz, Inc., No. 65 / 04-1554,
SUPREME COURT OF IOWA, May 26, 2006, Filed
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Overview: Where proposed use of property as bar was unlawful expansion of prior nonconforming use under zoning ordinance and special use permits granted by board of adjustment, owner's proposal to use premises as such was illegal; thus, district court should have granted city's request for permanent injunction.
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| In re Marriage of Pals, No. 48 / 05-0507,
SUPREME COURT OF IOWA, May 26, 2006, Filed
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Overview: Because postsecondary education subsidy statute can only be used to modify child support provisions in decrees for college expenses, case was properly remanded to determine whether there was good cause to establish postsecondary education subsidy for son under law and facts now in existence.
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| Kragnes v. City of Des Moines, No. 41 / 06-0026,
SUPREME COURT OF IOWA, May 26, 2006, Filed
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Overview: Where genuine issue of material fact existed as to whether all or part of franchise fees charged by city on gas and electric services were reasonably related to city's administrative expenses in exercising its police power, grant of partial summary judgment was properly reversed.
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| State v. Matlock, No. 146 / 04-0404,
SUPREME COURT OF IOWA, May 26, 2006, Filed
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Overview: Pursuant to Iowa R. Evid. 5.404(b), evidence of other bad acts by defendant should have been excluded from evidence on willful injury charge, Iowa Code § 708.4(1), and going armed with intent charge, Iowa Code § 708.8, as it showed intent was a resort to defendant's propensity to commit similar acts, contrary to limitation laid down in prior case.
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| RPC Liquidation v. Iowa DOT, No. 47 / 04-1584,
SUPREME COURT OF IOWA, June 2, 2006, Filed
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Overview: District court erred as a matter of law in interpreting the construction contracts as conferring third-party beneficiary status to the supplier, because a disclaimer in one of the standard specification provisions precluded the supplier from being a third-party beneficiary.
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| Rethamel v. Havey, No. 53 / 04-1830,
SUPREME COURT OF IOWA, June 2, 2006, Filed
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Overview: Claimant's attempt to modify the workers' compensation commissioner's decision at the time of entry of judgment was improper because the district court's role in entry of judgment was limited to analyzing and explaining the meaning of the commissioner's written award decision.
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| Tetzlaff v. Camp, No. 63 / 04-1499,
SUPREME COURT OF IOWA, June 2, 2006, Filed
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Overview: Summary judgment was reversed and remanded because the landlord's unique level of involvement with both the tenant and complaining homeowner concerning the alleged nuisance by the tenant generated enough factual issues to surmount the obstacles to landlord liability at the instant stage in the proceedings.
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| Thoms v. Iowa Pub. Emples. Ret. Sys., No. 58 / 04-1730,
SUPREME COURT OF IOWA, June 2, 2006, Filed
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Overview: Determination of retirement benefits was affirmed because the Iowa Public Employees' Retirement System correctly determined the pensioner's monthly benefits by calculating one annuity based on his initial employment, and adding to it a second annuity based on his reemployment under Iowa Code § 97B.48A(3).
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| In re S.P., No. 49 / 05-0980,
SUPREME COURT OF IOWA, June 9, 2006, Filed
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Overview: In an involuntary civil commitment case, an order finding that appellant was a chronic substance abuser and placing her in a residential treatment was improper pursuant to Iowa Code § 125.75 where she was denied due process when the district court became an advocate for the applicants, who were her brother and sister-in-law.
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