Iowa Eminent Domain Law
 

United States of America v. Rossi Lorathio Adams, II

Ceder Rapids, IA - The United States of America charged Rossi Lorathio Adams, II with conspiracy to interfere with commerce by force, threats, and violence.

A man who enlisted his cousin to break into a Cedar Rapids man’s home and order him at gunpoint to transfer an Internet domain was sentenced today to 14 years in federal prison.

Rossi Lorathio Adams II, age 27, from Cedar Rap... More...
   $0 (12-10-2019 - IA)

State of Iowa v. Paul R. Knudsen

Three counts of
sexual abuse in the third degree and one count of lascivious conduct with a minor





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Nation... More...
   $0 (10-21-2018 - IA)

United States of America v. Gervais (Ken) Ngombwa

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

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The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

STATE OF IOWA vs. DANIELLE BROWN

Supreme Court of Iowa

The facts are essentially uncontested. The officers in this case obtained a search warrant for the residence. The search warrant indicated that the police were looking for evidence of the use, sale, and distribution of narcotics, along with firearms and ammunition. The search warrant identified one man, Jeffrey Sickles, as a person to be searched. An attached police affidavit identified a woma... More...    $0 (01-08-2018 - IA)

City of Cedar Falls v. JLL, Inc.

Linn County Courthouse - Cedar Rapids, Iowa

Cedar Falls, IA - Jury Awards Defendant $106,000 For Taking Of Property

The City of Cedar Rapids sued JLL, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by the Defendant for public use as a roundabout on University Avenue.

JLL was awarded $524,000 but sought $2.3 million.... More...
   $0 (11-17-2017 - IA)

STATE OF IOWA vs. MIRANDA PETITHORY-METCALF

Miranda Petithory-Metcalf (Petithory) appeals her conviction, following a
jury trial, for murder in the second degree. She first asserts sufficient evidence
does not support the jury’s finding she acted with malice aforethought, and
therefore, the district court erred when it denied her motion for judgment of
acquittal. She also argues the court abused its discretion when it ... More...
   $0 (02-10-2016 - IA)

PREMIUM TRANSPORTATION STAFFING, INC. and DALLAS NATIONAL INSURANCE CO. vs. ALAN BOWERS

Premium Transportation Staffing, Inc. (employer) and Dallas National
Insurance Co. (insurer) appeal from an adverse ruling on their petition for judicial
review of a final agency decision by the Iowa Workers’ Compensation
Commissioner that awarded permanent and total disability benefits to Alan
Bowers. The appellants challenge the agency determinations (1) finding Bowers
... More...
   $0 (10-17-2015 - IA)

Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc.

In this case involving claims for misappropriation of trade secrets,
we have before us an interlocutory appeal on a discovery issue. In
particular, the plaintiffs ask us to review a district court order requiring
the redesignation of the plaintiffs’ standard operating procedures (SOPs)
from “attorneys’ eyes only” to “confidential.” The underlying protective
order al... More...
   $0 (06-26-2015 - IA)

MELONIE M. ANDERSON, Respondent-Appellant, vs. CARE INITIATIVES, INC. d/b/a WESTRIDGE NURSING & REHAB CENTER, Petitioner-Appellees.

Melonie Anderson appeals the district court’s judicial review decision that reversed the workers’ compensation award of benefits and remanded the case back to the agency. She claims on appeal the district court erroneously concluded there was a lack of evidence to support a determination of medical causation and the court applied the incorrect standard of review to the agency’s decision. Bec... More...    $0 (08-14-2014 - IA)

Philip Naeve v. Humboldt County Drainage District #126

Landowners appeal from a district court decision denying their petition to set aside the establishment of a drainage district and to reclassify lands to reduce their assessment of costs. The county board of supervisors contends the landowners waived their arguments against the drainage district by failing to raise them before the board. The board also contends the classification and assessment are... More...    $0 (08-13-2014 - IA)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...    $0 (07-11-2014 - IA)

Hawkeye Land Company v. City of Coralville, Iowa

Hawkeye Land Company (Hawkeye) appeals from the district court ruling denying its application for a permanent injunction.1 Hawkeye seeks to prevent the city of Coralville, Iowa (Coralville) from constructing a street extension over railroad tracks in which Hawkeye claims an interest, and argues the district court erred in denying its application for injunction. Because we find that Hawkeye has an ... More...    $0 (06-12-2013 - IA)

Martinez Construction v. Cesar Ceballos

Cesar Ceballos was awarded workers’ compensation benefits after falling from a roof while at work. His former employer, Martinez Construction, appeals from the commissioner’s award of benefits, arguing the commissioner improperly interpreted Iowa law to award benefits solely on lay testimony regarding causation. The employer also contends the commissioner violated a valid agency rule in taxing... More...    $0 (06-12-2013 - IA)

Estate of John A. Herman v. Overhead Door Company of Des Moines, Inc.

After John Herman’s death, the Estate of John Herman was substituted as the appellant in the instant action. The Estate appeals a district court decision upholding the workers’ compensation commissioner’s denial of benefits for Herman’s right foot injury. Because we find the commissioner’s outright rejection of uncontroverted medical opinions is not supported by substantial evidence when... More...    $0 (05-16-2013 - IA)

Emco v. Suad Samardzic

Suad Samardzic injured his left wrist in 2001 when a pallet fell on it while he was working for Hy-Vee. Dr. Teri Formanek performed surgery on the wrist. Subsequently, Dr. Formanek found Samardzic had a four percent impairment of his left upper extremity as a result of his wrist problem. Samardzic eventually returned to work without restrictions. In 2005, Samardzic began employment as a production... More...    $0 (05-23-2012 - IA)

ABF Freight System, Inc. v. Marvin Veenendaal

An employer appeals the district court decision affirming an award of workers’ compensation benefits to an employee by the workers’ compensation commissioner. The employer contends there is not substantial evidence in the record to show the employee’s back problems were causally related to a work-related injury. The employer also claims there is not substantial evidence in the record to show... More...    $0 (05-23-2012 - IA)

Olive M. Mwangi v. Kathleen J. Foster-Wendel

The plaintiff, AllenMatthew Kimathi, appeals from an adverse verdict in this medical malpractice action, contending the district court erred in denying motions for directed verdict and for new trial. Because there was conflicting expert testimony as to whether the standard of care was breached, the district court did not err in sending the case to the jury or abuse its discretion in denying the mo... More...    $0 (12-21-2011 - IA)

DAniel Arrowood v. Maytag Company

Daniel Arrowood appeals from an adverse ruling on his petition for judicial review of the final agency decision of the Iowa Workers‟ Compensation Commissioner, which found Arrowood did not establish he sustained a work-related injury. He argues the district court erred in its application of the abuse of discretion and substantial evidence standards of review when it failed to reverse the commiss... More...    $0 (08-10-2011 - IA)

Edward A. Green v. Wilderness Ridge, L.L.C.

This case presents the court with a little utilized area of the law—private condemnation. The plaintiffs seek further review of a district court order granting the defendant’s action for private condemnation and selecting the defendant’s proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that t... More...    $0 (01-08-2010 - IA)

Cemen Tech, Inc. v. Three D Industries, LLC, et al.

When the defendants in this case began to manufacture a cement mixer similar to one manufactured by Cemen Tech (CTI), CTI sued them, alleging breach of contract, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty. The district court granted the defendants' motion for summary judgment on virtually all of the plaintiff's claims, and the plaintiff appealed. We af... More...    $0 (05-09-2008 - IA)

City of Muscatine v. Stockton Realty

City of Muscatine brought this eminent domain actions against Stockton Realty to acquire land owned by Stockton for expansion of the Muscatine County Landfill. The City sought to pay $223,000 for the land that it condemned and Stockton claimed that the condemnation of its property caused it $900,000 in damages.... More...    $755128 (03-18-2005 - IA)

Joseph Gacke and Linda Gacke v. Poxk Xtra, L.L.C.

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv... More...    $0 (07-06-2004 - IA)

Gregory J. Hughes appeals the district court's decision on judicial review affirming the workers' compensation commissioner's decision finding he failed to prove that the probable cause of his shoulder condition was his work. He contends the district court erred in upholding the agency decision because the court failed to properly consider all of the evidence in the record. We affirm.

... More...    $0 (12-10-2003 - IA)

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