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   State Courts - Iowa - August 10 - August 17, 2007

  
Birchansky Real Estate, L.C. v. Iowa Dep't of Pub. Health, No. 73 / 05-2019, SUPREME COURT OF IOWA, August 10, 2007, Filed
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Overview: Court erred in reversing order from the Iowa Department of Public Health denying eye surgery company's application for a CON where exemption for CON in Iowa Code § 135.63(2)(o) was inapplicable to company's proposal; there was no "change in ownership" of facility where hospital that had operated facility moved its surgery center back to its campus.

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Longfellow v. Sayler, No. 71 / 05-1767, SUPREME COURT OF IOWA, August 10, 2007, Filed
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Overview: A judgment finding that a neighbor's fence was a tight fence within the meaning of Iowa Code § 113.20(3) was reversed. The district court erred in admitting and finding binding the fence viewers' order, and the neighbor's barbed wire fence without weaving did not meet the requirements of § 113.20, which required a physical barrier equal to weaving.

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Second Injury Fund v. George, No. 58 / 05-1957, SUPREME COURT OF IOWA, August 10, 2007, Filed
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Overview: Supreme Court of Iowa held as claimant's loss to left leg in May 1996 qualified as first loss under Iowa Code § 85.64, workers' compensation commissioner did not err in holding that the bilateral nature of second injury in 2000 did not disqualify the second injury as a second loss under § 85.64 and therefore, the second injury fund had liability.

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Rucker v. Humboldt Cmty. Sch. Dist., No. 67 / 06-0094, SUPREME COURT OF IOWA, August 17, 2007, Filed
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Overview: Student's negligence claims against a school district and others were summarily dismissed because she had to file suit within two years of May 27, 2002, the date of her injury, but she did not; the tolling provisions for minors in Iowa Code § 614.8 as amended only applied to claims under Iowa Code ch. 670 for injuries occurring before July 1, 2007.

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State v. Kamber, No. 76 / 05-1868, SUPREME COURT OF IOWA, August 17, 2007, Filed
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Swanson v. Civil Commitment Unit for Sex Offenders, No. 21 / 05-0845, SUPREME COURT OF IOWA, August 17, 2007, Filed
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