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| Ag Partners, L.L.C. v. Chi. Cent. & Pac. R.R. Co., No. 6-243 / 05-1112,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: In a business's tort action against a railroad when a derailment damaged its elevator facility, evidence of the business's attempt to deliver other empty railcars after the derailment did not constitute subsequent remedial measures under Iowa R. Evid. 5.407 as it was introduced to prove the feasibility of precautionary measures.
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| Anderson v. City Dev. Bd., No. 6-304 / 05-0577,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Dismissal of resident's petition for judicial review of a decision of a city development board to grant a petition for voluntary annexation of land was affirmed because resident's property was not situated within territory that was the subject of the voluntary petition, and he therefore did not meet the requirements of Iowa Code § 368.22 (2003).
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| Banse v. State, No. 6-474 / 06-0108,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Postconviction relief was properly denied in case related to robbery, because counsel fulfilled his duty to inform appellant of mandatory minimum possible sentence he would receive if convicted on robbery charge, as counsel provided written statement explaining possible penalties, and he verbally explained 85-percent mandatory minimum rule.
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| Barbieri v. State, No. 6-347 / 05-1155,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Appellate court affirmed the denial of an inmate's application for postconviction relief because given the unrefuted and corroborated testimony by defendant's accomplice and an independent witness, defendant's trial counsel's failure to request a motion for judgment of acquittal would not have changed the outcome.
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| Binz v. Einarsen, No. 6-255 / 05-1492,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Denial of injunctive relief was reversed and remanded because the doctrine of unclean hands did not warrant the denial of the neighbors' injunction request concerning the restrictive covenant, when there was little evidence that the wall the neighbors erected as a temporary deflection to prevent water from flowing into their yard harmed the owners.
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| Brinkmann v. St. Paul Fire & Marine Ins. Co., No. 6-306 / 05-0744,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Trial court did not err in granting medical malpractice insurer's motion for summary judgment in physicians' class action regarding disposition of unearned premiums as unjust enrichment claim was barred by existence of parties' express contract and physicians lacked basis for their breach of contract claim due to unambiguous contractual language.
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| Cal Lahan Constr., Inc. v. Weidemann, No. 6-319 / 05-1207,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Summary judgment was properly awarded to sellers of property in an action by purchasers for specific performance of an alleged oral real estate contract where the evidence was insufficient to create disputed issue of material fact regarding the existence of the substantial detrimental reliance necessary to satisfy the promissory estoppel doctrine.
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| Dedham Coop. Ass'n v. Carrol L County Bd. of Review, No. 6-322 / 05-1422,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: District court erred in granting county board of review's motion to dismiss cooperative association's Iowa Code § 441.37 protest of property assessment as petition, on board's pre-printed form, stated legally cognizable claim for relief; board was able to discern from face of petition amount the association claimed its property was over-assessed.
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| Faber v. Herman, No. 6-315 / 05-1040,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: In legal malpractice action, client, husband in marital dissolution, showed proximate cause by showing former wife would have agreed to settle original Iowa Public Employees Retirement System (IPERS) pension issue by accepting $ 19,100 buyout but instead became entitled to half of husband's Iowa Code § 97B.50A IPERS in-service disability benefits.
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