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   State Courts - Iowa - July 13 - July 20, 2007

  
Northwest Inv. Corp. v. Wallace, No. 17 / 05-0340, SUPREME COURT OF IOWA, July 13, 2007, Filed
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Overview: In appraisal action following stock split, court properly added control premium to valuation, Iowa Code § 490.1301(4), as transactions involving sale of financial institutions typically included large control premium. Appellant was not entitled to attorney and expert witness fees; minority shareholders did not act arbitrarily or in bad faith.

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State v. Elston, No. 53 / 05-1980, SUPREME COURT OF IOWA, July 13, 2007, Filed
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Overview: Refusal to sever indecent contact and sexual exploitation charges under Iowa R. Crim. P. 2.6(1) was not abuse of discretion. Transactions forming factual basis for all charges arose from common scheme; pornographic photos were admissible to prove indecent contact charge whether or not it was severed; appellant did not prove overriding prejudice.

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Ary v. Iowa Dist. Court, No. 66 / 03-2097, SUPREME COURT OF IOWA, July 20, 2007, Filed
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Overview: Contempt order was supported by substantial evidence, as record provided substantial evidence for trier of fact to find plaintiff had ability to pay under dissolution decree because he was working, making good wage, making payments on his vehicle, and he testified he suffered only $500 loss in equity from foreclosure of mortgage.

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In re AHST Cmty. Sch. Dist. Pub. Measure "B" Election, No. 68 / 06-1344, SUPREME COURT OF IOWA, July 20, 2007, Filed
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Overview: Election contestants' challenge to the results of a school bond election was properly dismissed because, under either the traditional strict construction approach to jurisdiction, or under a more forgiving substantial compliance approach, the contestants failed to comply with the bond requirement of Iowa Code § 62.6.

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In re Marriage of Fennelly, No. 23 / 05-1765, SUPREME COURT OF IOWA, July 20, 2007, Filed
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Overview: Trial court erred in finding husband's spending behavior did not rise to level of ill will or inappropriate conduct sufficient to justify variance from equal property division; Supreme Court of Iowa held he had dissipated marital assets through unexplained cash advances on his credit cards and it was equitable to set aside $22,000 of debt for him.

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Orr v. Mortvedt, No. 140 / 04-1968, SUPREME COURT OF IOWA, July 20, 2007, Filed
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Overview: Plaintiffs had legal right to exclude defendants from access to parts of lake covering lake bed owned by plaintiffs, and plaintiffs were legally entitled to drain and fence water covering their respective properties and reopen quarry. One was entitled to exclusive use and enjoyment of portion of non-navigable lake covering lake bed one owned.

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