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   State Courts - Iowa - July 27 - August 3, 2007

  
Ames Rental Prop. Ass'n v. City of Ames, No. 38 / 05-0463, SUPREME COURT OF IOWA, July 27, 2007, Filed
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Overview: Judgment was properly awarded to a city in suit by landlord association challenging Ames, Iowa, Mun. Code § 29.201(62), which defined "family" as no more than three unrelated persons, where ordinance did not violate Iowa Const. art. 1, § 6; ordinance was rationally related to legitimate government interest of creating family-oriented neighborhoods.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Kaiser, No. 78 / 07-0581, SUPREME COURT OF IOWA, July 27, 2007, Filed
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Overview: Attorney was suspended for 30 days for violating Iowa Code Prof. Resp. DR 1-102(A)(1), 1-102(A)(6), 5-101(A), and 5-104(A) when he entered into business ventures with his client without properly making the required disclosures to the client; inter alia, the primary aggravating factor was the fact that the client clearly needed independent advice.

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Kolb v. City of Storm Lake, No. 63 / 06-0067, SUPREME COURT OF IOWA, July 27, 2007, Filed
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Overview: Trial court erred in not modifying charitable trust under cy pres doctrine and Iowa Code § 633A.5102 (2007) as, inter alia, settlors' general charitable intentions were to memorialize a family member by maintaining a flower garden for enjoyment of the public, and that charitable purpose was superior to language regarding exact location in the park.

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Greenfield v. Cincinnati Ins. Co., No. 72 / 06-0032, SUPREME COURT OF IOWA, August 3, 2007, Filed
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Overview: Jury award in favor of an employee totaling $123,000 was offset by $18,000, because the jury's special verdicts for lost wages and medical expenses were duplicative of elements of loss covered by the employee's workers' compensation benefits.

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State ex rel. Miller v. Smokers Warehouse Corp., No. 32 / 04-1692, SUPREME COURT OF IOWA, August 3, 2007, Filed
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Overview: State attorney general had authority under Iowa Code § 714.16 to issue to tobacco sellers civil investigative demands that included questions in the nature of civil interrogatories and requests for production. The ability to undertake an investigation of consumer fraud upon belief that a violation occurred did not violate substantive due process.

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State v. Spencer, No. 50 / 06-0565, SUPREME COURT OF IOWA, August 3, 2007, Filed
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Overview: Because the Supreme Court of Iowa interpreted Iowa Code § 808B.2(2)(c) to allow a parent to consent to the recording of conversations between his minor child and the defendant under the vicarious consent doctrine, an order suppressing recordings made by a father of sexually explicit conversations between his child and defendant was reversed.

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