Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 14-0553

NED CHIODO vs. THE SECTION 43.24 PANEL CONSISTING OF: SECRETARY OF STATE MATTHEW SCHULTZ, AUDITOR OF STATE MARY MOSIMAN and ATTORNEY GENERAL THOMAS MILLER
Fishscale Girl and the Upside-Down Rain
Meet the author of this wonderful
book for small children!

Longtime Friend of Vander Veer and author Ann Hailey is launching her third children's book in the Fishscale Girl series. 

Many of the pictures in this book were taken in the Conservatory at Vander Veer.

Join us to meet Ann and learn more about her book, written in English and Spanish! Books will be available for purchase.

Thursday, April 17th, 11:00 am- 12:00 noon, in Celebration of Earth Day

The Conservatory at Vander Veer, 215 Central Park Avenue, Davenport

Sponsored by The Friends of Vander Veer and Davenport Parks and Recreation. Call 563-323-3298 for more information.

Barrier-Breaking Baseball Player Was American Icon

CHICAGO - Governor Pat Quinn today honored Jackie Robinson and the remarkable impact the legendary baseball player and civil rights icon had on American culture. Today marks the 67th anniversary of Jackie Robinson's debut at Ebbets Field, breaking the color barrier in the major leagues. The Governor today released the following statement:

"Jackie Robinson served his country in the U.S. Army during World War II and as an icon for equal rights throughout his life.

"He proved that working hard, perseverance and standing up for what you believe in are what count in life, and we must honor his legacy.

"Jackie believed that 'life is not a spectator sport,' and he lived his life with that in mind. He broke the color barrier in the major leagues, became the first black MVP and took his team to the World Series. At the same time, he fought for black athletes and Americans of all colors and creeds to be treated equally. This is why his number was retired by the MLB and why he received two of our nation's highest honors - the Congressional Gold Medal and the Presidential Medal of Freedom.

"Jackie Robinson is a true American hero."

Jackie Robinson was born in 1919 in Cairo, Ga., to a family of sharecroppers. In 1942, he was drafted into the U.S. Army, becoming an officer, but his career changed in 1944 when he refused to sit in the back of a military bus. All charges were later dropped and he received an honorary discharge. Later, he began a career in baseball and eventually broke the color barrier in baseball's major leagues when he started playing for the Brooklyn Dodgers in 1947. He was a key part to the Brooklyn Dodgers World Series Championship in 1955, and he was the first black MVP in 1949. In addition, Robinson fought for his fellow black athletes in the major leagues and for civil rights for all before the U.S. Congress and the American people. Robinson passed away in 1972.

In 1997 Major League Baseball (MLB) retired his number, 42. In 2004, the MLB began celebrating "Jackie Robinson Day," wherein all players wear the number to honor his commitment to his sport and his nation. Robinson has now been the subject of major feature films and numerous biographies, with streets, schools and stadiums named in his honor throughout the country.

###

April 16, 2014

Des Moines - Iowa GOP gubernatorial primary challenger Tom Hoefling today charged that incumbent Governor Terry Branstad and his campaign are deceiving Iowa Republicans about Branstad's ongoing support for the Common Core national standards.

Tom Hoefling said today, "I don't know why they think they can get away with this, frankly. It is obvious to any honest observer that Terry Branstad continues to support Common Core, and that he has done nothing of any real substance in this legislative session to stop it. It is also clear that the Branstad executive order from last October that they constantly cite did nothing to stop the implementation of Common Core. That was, to put it simply, a political smokescreen, and everybody who has looked into this question closely knows it."

Hoefling added, "Support for the Common Core standards, which amount to the final blow against any remaining vestige of local control of our schools, is bad enough. But when the Governor and his campaign staffers go out on the campaign trail and try to deceive the people of this state, that takes things to a whole new level. It is now more than just a disagreement over public policy. It is a question of honesty and integrity."

The Hoefling campaign pointed to a report from the statewide group "Iowans for Local Control," which can be found here:

http://iowansforlocalcontrol.com/2014/01/no-governor-branstad-did-not-reject-the-common-core/

###

Stop to smell the roses.  While there, hear the wind pass through century-old trees, see the riot of color in the garden, and listen to a gardening expert. Before fiber optics, solar-powered path lights, and LEDs, gardeners relied on a more natural approach to evening landscape highlights?they planted white flowers.  See this technique and learn about other traditional landscaping tricks during Brucemore in Bloom?Thursday, May 29 at 6:00 p.m. Join Head Gardener David Morton as he traces the development of the gardens from the original plan conceived by prominent landscape architect O.C. Simonds to the integration of function, recreation, and entertainment in Irene Douglas's vision for the country estate. View current plants and landscape techniques that continue to help preserve the historically accurate, prairie-style design by Simonds. Admission is $15 per person and $12 per Brucemore member. Space is limited; purchase tickets online at www.brucemore.org or by calling (319) 362-7375.

The Brucemore in Bloom Tour is part of Brucemore's Thursday Night Lineup. Every Thursday night Brucemore will feature a different specialty tour focusing on topics for all interests, including arts and culture, Midwestern industry, gardening, landscape design, architecture, preservation, behind-the-scenes at Brucemore, and growing up in the early twentieth century. For more information on the Thursday Night Lineup, visit www.brucemore.org or call (319) 362-7375.

About Brucemore

Experience Brucemore, an unparalleled blend of tradition and culture, located at 2160 Linden Drive SE, Cedar Rapids, Iowa. At the heart of the historic 26-acre estate stands a nineteenth-century mansion filled with the stories of three Cedar Rapids families.  Concerts, theater, programs, and tours enliven the site and celebrate the heritage of a community.  For more information, call (319) 362-7375 or visit www.brucemore.org.

###

Temple Emanuel has arranged for a special Passover Seder to be held exclusively for Non-Jews.  This Seder will be held on Thursday, April 24th, starting at 6:00 p.m.

Due to limited seating, advanced reservations are required.  Reservations can be made by calling the Temple Emanuel office at 563-326-4419.  The charge for this Seder experience will be $36.00 per person.

It will include a complete Seder service and a full catered meal, including all the symbolic Passover foods, similar to a typical Temple Emanuel Congregational Passover Seder observance. However, this event will be geared far more to a Non-Jewish audience, being more instructional in nature.  The Seder service will be led by Rabbi Henry Jay Karp, with music being provided by Sheryl Hassell-Bennett, Temple Emanuel's cantorial soloist, who leads the congregation's musical worship when Cantor Gail Posner Karp is not available.

Rabbi Karp explained that Temple Emanuel decided to host this special Seder in response to all the interest in Passover expressed over the years by Non-Jews, and especially church groups.  We thought that it would be far more instructive for us to provide an actual Seder experience to the Non-Jewish community than simply going around to various groups in the community, doing presentations about Passover, as we have done in years past.

The KISS Committee (Keep It Supported For Seniors) is actively encouraging family, friends, neighbors, and community activists to join us at the Rock Island County Building tonight at 5:15 to gather in support of the passage of the Hope Creek Referendum Resolution.
We encourage all QC Media Outlets to join us at tonight's meeting as we are confident the County Board will be placing the future of Hope Creek in the hand's of Rock Island County's voters.
For further information, please contact KISS Committee President, Chris Baker, at 309-721-6241

The Moline Public Library welcomes Dr. Nancy Huse, as she presents Ida B. Wells: Our Fearless American Foremother on Wednesday, April 23rd at 7:00 p.m.  This event is presented as part of the six-week series Created Equal and Changing America, which explores our nation's civil rights history through film, exhibition, and presentations.  The program is free and no registration is required.  More information can be found online at molinelibrary.com/createdequal, by visiting the library at 3210 - 41st Street, or by calling 309-524-2470.

This first-person, Chautauqua-style program enacts the words of Ida B. Wells-Barnett.  Her effective writing in pamphlets and articles - work that helped to end the practice of lynching - will be demonstrated, and a brief, diary-based reflection on youth and old age will be offered.  A discussion of Wells as an American foremother will link the present with Wells' work and with ideas central to our history as Americans, such as freedom of speech and freedom of the press.

Nancy Huse holds a PhD in English from the University of Chicago.  She has published numerous articles and delivered many presentations on American and children's literature.  She was the Children's Literature Association President, as well as a member of the Illinois Council of Teachers of English.  Her interests include children's and young adult's literature, African American literature, and women and gender studies.

Created Equal: America's Civil Rights Struggle is made possible through a major grant from the National Endowment for the Humanities, as part of its Bridging Cultures initiative, in partnership with the Gilder Lehrman Institute of American History.

Changing America is presented by the Smithsonian's National Museum of African American History and Culture and the National Museum of American History in collaboration with the American Library Association Public Programs Office. The traveling exhibition is made possible by the National Endowment for the Humanities: Exploring the human endeavor.

Local support for Created Equal and Changing America has been provided by Friends of the Moline Public Library, WQPT, and The Moline Dispatch/Rock Island Argus/QCOnline.

# # #

DAVENPORT, IA?Waste Commission of Scott County facilities will be open regular hours on Good Friday, April 18, and will be closed on Saturday, April 19

, for the Easter holiday. Normal hours of operation will resume on Monday, April 21. Waste Commission of Scott County's facilities include the following:

·    Scott Area Recycling Center, 5640 Carey Avenue, Davenport
·    Scott Area Landfill, 11555 110th Avenue, Davenport
·    Scott Area Household Hazardous Material Facilities, Davenport
·    Electronic Demanufacturing Facility, 1048 East 59th Street, Davenport

Waste Commission of Scott County is an inter-governmental agency whose mission is to provide environmentally sound and economically feasible solid waste management for Scott County. For more information about the Commission, please call (563) 381-1300 or visit www.wastecom.com.

# # #
More than 2,000 Farm Service Agency Offices Across the Country Stand Ready to Assist

WASHINGTON, April 15, 2014 - Agriculture Secretary Tom Vilsack announced that starting today, eligible farmers and ranchers can sign up for U.S. Department of Agriculture (USDA) disaster assistance programs restored by passage of the 2014 Farm Bill.

"We implemented these programs in record time and kept our commitment to begin sign-up today," said Agriculture Secretary Vilsack. "To ensure enrollment goes as smoothly as possible, dedicated staff in over 2,000 Farm Service Agency offices across the country are doing everything necessary to help producers that have suffered through two and a half difficult years with no assistance because these programs were awaiting Congressional action."

Depending on the size and type of farm or ranch operation, eligible producers can enroll in one of four programs administered by the Farm Service Agency. The Livestock Forage Disaster Program (LFP), and the Livestock Indemnity Program (LIP) will provide payments to eligible producers for livestock deaths and grazing losses that have occurred since the expiration of the livestock disaster assistance programs in 2011, and including calendar years 2012, 2013, and 2014. The Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) provides emergency assistance to eligible producers of livestock, honeybees and farm-raised fish that have suffered losses because of disease, severe weather, blizzards and wildfires.

Enrollment also begins today for the Tree Assistance Program (TAP), which provides financial assistance to qualifying orchardists and nursery tree growers to replant or rehabilitate trees, bushes and vines damaged by natural disasters.

Producers signing up for these programs are encouraged to contact their local FSA office for information on the types of records needed and to schedule an appointment. Taking these steps in advance will help producers ensure their application moves through the process as quickly as possible.

Supporting documents may include livestock birth records, purchase and transportation receipts, photos and ownership records showing the number and type of livestock lost, documents listing the gallons of water transported to livestock during drought, and more. Crop records may include purchase receipts for eligible trees, bushes, or vines, seed and fertilizer purchases, planting and production records, and documentation of labor and equipment used to plant or remove eligible trees, bushes, or vines.

Producers have three to nine months to apply depending on the program and year of the loss. Details are available from any local FSA office.

For more information, producers may review the 2014 Farm Bill Fact Sheet, and the LIP, LFP, ELAP and TAP fact sheets online, or visit any local FSA office or USDA Service Center.

#

USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).


#

Pages