Iowa Supreme Court Opinions

July 12, 2013

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.

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No. 11-1857

MELISSA NELSON vs. JAMES H. KNIGHT DDS, P.C. and JAMES KNIGHT
Podcast on TradioV!
Watch every Tuesday at NOON
Actor & Comedian JASON STUART is adding podcast host to his talents! ABSOLUTELY JASON STUART takes us to the days of chat shows with smart, funny and talented actors, comedians, singers with thought provoking talk.
UPCOMING GUESTS
RUSSELL PETERS Aug 13th and SELENA LUNA July 16th
Currenty Jason is rasing funds for his new Web-Series MENTOR starring himself, PAUL ELIA and international star ALEXANDRA PAUL. He is making his directorial debut written by himself and Elia. MENTOR is funny and engaging! You will relate to this series no matter where you live, or what business you work in. MENTOR is about pursuing your dreams, supporting your friends, and trying not to over-eat or have sex with people you don't know when things get too hard. TO GIVE FUNDING.
Jason came out on the GERALDO SHOW in 1993 when there was no Ellen, no Rosie, no Ricky, no Neil, or even Jodie.  Jason was the first openly gay actor & comedian to consistently headline mainstream comedy clubs and sell-out shows in the USA.
After recognizing the lack of oppertunity in Hollywood for his LGBT actor brothers and sisters, Jason co-founded The SAG/AFTRA LGBT Actors Committee. Since 2006, Jason has been its National Co-Chair. He says, "When you're out, your not just out for yourself, you out for all of us". Currently the committee is conducting a survey with The Williams Institute at UCLA on openly gay actors in film & television. This is a groundbreaking study, the first of its kind in the world.
This Sunday July 14th, Jason will be seen in the romanatic comedy
BIG GAY LOVE at OUTFEST.  Next up he has several films in the can, including playing  "Hoarder" in James Franco's HOLY LAND.
Still Time to Stow Away for Free Summer Performances in July at your Rock Island Library

Rock Island, IL: With acts ranging from hands-on science fun to musical comedy antics, the final two performers in the Rock Island Public Library's Have Book, Will Travel free summer reading program will be something children and families will want to write home about.

On Thursday, July 18, the Rock Island Public Library hosts its first visit from the Bluedorn Science Imaginarium of Waterloo, Iowa, with the Mad Mixtures live science demonstration. The library will host two free performances, with an 11:00 am show at the Main Library, 401 19th Street, and a 1:00 pm show at the Southwest Branch Library, 9010 Ridgewood Road.

The hands-on shows bring science alive for school age children of all ages, and include such experiments as finding out how to make a fire extinguisher, why different things burn at different temperatures, and how cold it is on Pluto using liquid nitrogen. Kids might even come face-to-face with a live snake. The Carl A. and Peggy J. Bluedorn Science Imaginarium is a three-floor, interactive science center in the heart of the Grout Museum District of Waterloo.

On Thursday, July 25, the Rock Island Library becomes a stage for the  high-energy musical antics of Babaloo Music and Fun, with free shows offered at 10:00 am in the Main Library and at 1:30 pm at the Southwest Branch Library. Best described as a one-man musical comedy act for children of all ages, Babaloo has been wowing children with a raucous, zany brand of entertainment for nearly 20 years.  The interactive shows get kids smiling, laughing and up their feet, featuring singing, stomping, dancing, bucket-beating and bubble-busting fun. And with award-winning songs like "My Toothbrush Fell in the Toilet" and "The Wee Wee Dance," what kid could resist?

All performances are free and open to the public. For details on other summer events for all ages, see www.rockislandlibrary.org, follow Facebook/rockislandlibrary, visit any Rock Island Library or call
309-732-7323 (READ).

2013 Summer reading contests and programs are funded by Friends of the Rock Island Public Library, the Milan-Blackhawk Area Public Library District (Southwest Branch location), and the Rock Island Public Library Foundation.

(End)
Weekly Events Header
Hello!
The Roar Tour Summer 2013 arrives at the Adler Theatre this Saturday and Grace Potter & the Nocturnals will be ready to rock! Prepare yourself for a night of phenomenal music and see for yourself why USA Today considers Grace Potter to be "the best female rock singer in the country." While you're there, grab your tickets for the Headbanger's Burlesque Part Duex for July 20th!
After playing with bands such as Earth Wind & Fire, Little Feat, Sting, and more, the soul/R&B/funk band  Mingo Fishtraps will bring their groove to the River Music Experience tonight!  On Sunday, get your Americana/ Rock n' Roll fix when Lee Bains III & the Glory Fires take the stage. On Saturday, support local kids from the QC Rock Academy for their Concert 101. See hard work pay off as students rock out to some of their favorite songs they've been working on all week.
Head down to the Figge tonight to enjoy grilled burgers, brats, dogs, pork chops, chicken, and more from Chef Dave! Enjoy a view of the Mississippi while you feast on  your dinner and at 7, enjoy an art film from Art21! Nothing better than Dinner and a Movie to help wind down a summer day. On Saturday, take advantage of exploring all the Figge has to offer for FREE during the Pop! Goes the Figge Family Day.
Learn about the secrets of a great-grandmother sent east from Davenport to escape a family scandal when the German American Heritage Center presents The Quack's Daughter on Saturday. You won't want to miss this true story about Davenport's most daring Victorian college girl. On Sunday, treat the kids to a class just for them! The GAHC also presents a Fun with Photos Class for kids. Kids that attend the class will receive a free booklet of photo ideas and techniques!
Why use the same old cooking techniques every night when you can try something new? Join Bix Bistro on Tuesday for their cooking class and learn how to cook food sealed in airtight plastic bags! Guests will be involved in preparing the meals with the Sous-Vide cooking method while also enjoying wine pairings by Abraham Blair. Now's your chance to put your cooking skills to the test!
This Saturday marks the second Saturday of July...which means it's time for Bucktown's Second Saturday Series! Join the artists of Bucktown Center for the Arts for a day of artist demonstrations and fun. Hop from studio to studio to view a range of artistic styles and creativity!
See you downtown!
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This Week's Events: July 11 - July 17


Thursday, July 11

Dinner and a Movie
Where: Figge Art Museum
Time: 5:00 p.m. - 8:00 p.m.
Price: $10
Drop-In Hockey (Adult)
Where: River's Edge Ice
Time: 11:00 a.m. - 1:00 p.m.
Price: $10

Flatscreens & Fun
Where: Rhythm City Casino
Time: 6:00 p.m. - 9:00 p.m.
Price: FREE

Live Lunch with Alan Sweet
Where: River Music Experience, Community Stage
Time: Noon - 1:00 p.m.
Price: FREE
Live Music: Tim Stop
Where: Barrel House 211
Time: 8:30 p.m. - 12:30 a.m.
Price: FREE
Mingo Fishtrap
Where: River Music Experience, Redstone Room
Time: Doors 7:30 p.m. / Show 8:30 p.m.
Price: $7
Quad Cities River Bandits vs. Bowling Green Hot Rods
Where: Modern Woodmen Park
Time: 7:00 p.m.
Price: $6 and up
River's Edge Monthly Turf & Ice Schedule
Discover dozens of sporting events at River's Edge!
Follow the links below to see the complete ice and turf schedule for the month.
Victory and Penny
Where: River Music Experience, Community Stage
Time: 7:00 p.m. - 9:00 p.m.
Price: FREE

Wine & Art
Where: Figge Art Museum
Time: 6:00 p.m. - 8:00 p.m.
Price: $15/student

Friday, July 12

$1,500 FREEky Friday Giveaway

Where: Rhythm City Casino

Time: 1:00 p.m. - 5:00 p.m.

Website

Brewery Tours

Where: Great River Brewery

Time: 6:00 p.m

Price: N/A

Website

Family Fun Fridays at GAHC
Where: German American Heritage Center
Time: 10:00 a.m. - 4:00 p.m.
Price: $10 (for families up to 5 people)
Family Friday Night Public Skate
Where: River's Edge
Time: 6:00 p.m. - 8:00 p.m.
Price: $5 and up
Friday Live at 5 featuring Night People sponsored by Sears Manufacturing
Where: River Music Experience, RME Courtyard
Time: 5:00 p.m. - 7:00 p.m.
Price: FREE
Fridays at the Figge - Printmaking
Where: Figge Art Museum
Time: 9:00 a.m. - 4:00 p.m.
Price: $45/members, $55/general public - per student, per workshop
Lee Blackmon
Where: Rhythm City Casino
Time: 8:00 p.m.
Price: FREE
Live Lunch with Tony Hoeppner
Where: River Music Experience, Community Stage
Time: Noon - 1:00 p.m.
Price: FREE
Live Music: Just Chords
Where: Barrel House 211
Time: 9:30 p.m. - 1:30 a.m.
Price: FREE
Live Music: Marion Longid
Where: Kilkenny's
Time: 9:00 p.m.
Price: FREE
Public Skate
Where: River's Edge
Time: 11:00 a.m. - 1:00 p.m.
Price: $5 and up
Quad Cities River Bandits vs. Bowling Green Hot Rods
Where: Modern Woodmen Park
Time: 7:00 p.m.
Price: $6 and up
The Easy Mark with TV Magic and Highfives & Handshakes
Where: River Music Experience, RME Hall
Time: Doors 6:30 p.m. / Show 7:00 p.m.
Price: $5
Saturday, July 13

 

Backyard Blowout

Where: Rhythm City Casino

Time: 8:00 p.m. - 10:00 p.m.

Price: FREE

Website

 

Brewery Tours

Where: Great River Brewery
Time: Noon, 1:00 p.m, 2:00 p.m, 3:00 p.m. and 4:00 p.m.
Price: N/A

 

Drop-In Hockey (Adult)

Where: River's Edge

Time: 4:15 p.m. - 5:45 p.m.

Price: $10

Website

 

Exhibition: Double Expose: Prints of Past and Present

Where: German American Heritage Center

Time: 10 a.m. - 4 p.m. Tues.-Sat.; Noon - 4:00 p.m. Sun.

Price: Museum Admission or FREE with membership

Website

 

Exhibition: American POP Art!

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: Beyond the Classroom

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: Frank Lloyd Wright: The Bogk House Drawings

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: No Shoes, No Shirt, No Service

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: Pushing the Envelope

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: Questionable Architecture: Terry Rathje in Collaboration with Steve Banks and Monica Correia

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Exhibition: Studio1: Pop Art Soup

Where: Figge Art Museum

Time: 10:00 a.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

Freight House Farmers Market

Where: Freight House Farmer's Market

Time: 8:00 a.m. - 1:00 p.m.

Price: FREE

Website

 

Grace Potter & the Nocturnals

Where: The Adler Theatre

Time: 8:00 p.m.

Price: $27, $37, & $47

Website

 

Lee Blackmon

Where: Rhythm City Casino

Time: 8:00 p.m.

Price: FREE

Website

 

Live Lunch with Christopher Bell

Where: River Music Experience, Community Stage

Time: Noon - 1:00 p.m.

Price: FREE

Website

Live Music: The Lewis Knudsen Band
Where: Freight House Farmers Market
Time: 9:30 a.m.
Price: FREE
Live Music: Marion Longid
Where: Kilkenny's
Time: 9:00 p.m.
Price: FREE

Midnight Multiplier

Where: Rhythm City Casino

Time: Midnight - 4:00 a.m.

Price: FREE

Website

Follow on Facebook and Twitter


Pick Your Remodel
Where: Rhythm City Casino
Time: 2:00 p.m. - 10:00 p.m.
Price: FREE
Public Skate
Where: River's Edge
Time: 2:00 p.m. - 4:00 p.m.; 6:00 p.m. - 8:00 p.m.
Price: $5 and up

Pop! Goes the Figge Family Day
Where: Figge Art Museum
Time: 10:00 a.m. - 1:00 p.m.
Price: FREE
QC Rock Academy Concert 101
Where: River Music Experience, Community Stage
Time: 10:30 a.m.
Price: FREE

The Quack's Daughter
Where: German American Heritage Center
Time: 2:30 p.m.
Price: Museum Admission ($5 or less), or FREE with membership
Quad Cities River Bandits vs. Dayton Dragons
Where: Modern Woodmen Park
Time: 7:00 p.m.
Price: $6 and up

Rock the Pit

Where: Rhythm City Casino

Time: 8:00 p.m.

Price: FREE
Website

Follow on Facebook and Twitter

 

Second Saturday Series

Where: Bucktown Center for the Arts

Time: 11:00 a.m. - 5:00 p.m.

Price: FREE

Website

 

Songwriter's All-Original Open Mic

Where: River Music Experience, Community Stage

Time: 3:00 p.m. - 6:00 p.m.

Price: FREE

Website

 

Tour: Questionable Architecture

Where: Figge Art Museum

Time: 1:30 p.m.

Price: Museum Admission ($7), or FREE with membership

Website

 

You Knew Me When with Abbie Sawyer

Where: River Music Experience, Community Stage

Time: 7:00 p.m. - 10:00 p.m.

Price: FREE

Website

 

Sunday, July 14

 

$3,000 Sunday Shake Up Slot Tournament

Where: Rhythm City Casino

Time: 10 a.m. - 5 p.m.

Price: FREE

Website

Follow on Facebook and Twitter

Drawing Naturescapes Class
Where: Vander Veer Park
Time: 10:00 a.m. - 2:00 p.m.
Price: $40/members, $50/non-members
Just for Kids Class: Fun with Photos!
Where: German American Heritage Center
Time: 2:00 p.m.
Price: Museum Admission ($5 or less), or FREE with membership
Lee Bains III & the Glory Fires
Where: River Music Experience, Redstone Room
Time: Doors 7:00 p.m. / Show 7:30 p.m.
Price: $5

Midnight Multiplier

Where: Rhythm City Casino

Time: Midnight - 4:00 a.m.

Price: FREE

Website

Follow on Facebook and Twitter

 

Music on the Levee: Quad City Kicks Jazz Orchestra

Where: LeClaire Park

Time: 7:00 p.m.

Price: FREE

Website

 

Public Skate

Where: River's Edge

Time: 2:00 p.m. - 4:00 p.m.

Price: $5 and up

Website

 

Quad Cities River Bandits vs. Dayton Dragons

Where: Modern Woodmen Park

Time: 5:00 p.m.

Price: $6 and up

Website

 

Sunday Jazz Brunch at Bix Bistro

Where: Blackhawk Hotel

Time: 10:30 a.m. and 12:30 p.m.

Price: Adults - $17.95 and Kids - $8.95

Website

 

Sunday Live Jazz

Where: Brady St. Chop House

Time: 10:30 a.m. - 1:30 p.m.

Price: FREE

Website


Tour: No Shirt, No Shoes, No Service
Where: Figge Art Museum
Time: 1:30 p.m.
Price: Museum Admission ($7), or FREE with membership

Monday, July 15

 

Mexican Monday

Where: Barrel House 211

Time: 4:00 p.m. - 10:00 p.m.

Price: $3 Margaritas and $5 Tacos

Website

 

Nifty 50's

Where: Rhythm City Casino

Time: 8:00 a.m. - Noon and 5:00 p.m. - 9:00 p.m.

Price: FREE

Website

Follow on Facebook and Twitter

 

Public Skate

Where: River's Edge

Time: 11:00 a.m. - 1:00 p.m.

Price: $5 and Up

(Davenport, IA) - With a superior pitching performance backed by bats, gloves and speed, Davenport East Little League took down Davenport Northwest Little League with a score of 8-3 to win the District 2 Championship. Coached by Rob Langeneckert, Tony Valainis and Doug Darland, Davenport East (District 2) will now be heading to the Iowa State Little League tournament in Boone, IA beginning on Saturday, July 20.  To help offset the costs for this week-long tournament, the team will be hosting the following fundraisers:

Saturday, July 13

12 - 4 p.m.

Car Wash

Hy-Vee Gas Parking Lot

3850 Elmore Avenue, Davenport

 

Thursday, July 18

5 - 8 p.m.

Rookies Sports Bar

2818 N Brady St, Davenport

A burger bar will be available for $3 with $1 going back to the league.

$10 raffle tickets are being sold to win prizes including:  LG 50" Plasma TV, LG 32" LED TV, LG Smart TV Blu Ray player with built in Wi-Fi, or a Kindle Fire HD.

The team consists of Ely Adams, Dezmund Craig, Spencer Darland, Caleb Evans, Nick and Will Fleming, Jadrien Laird, Brady Miller, Adam Quested, Will Reemtsma, Anthony Valainis, Spencer Wakeland, and Zack Wirt.  Many of the players are no strangers to winning District and State Championships.  In 2012, many were a part of the winning team that took home the titles of District 2 of Eastern Iowa and Iowa State Champions.

Tax deductible donations may be made payable to Davenport East Little League and sent to Quad City Bank & Trust, 4500 North Brady Street, Davenport, IA  52806.  For more information, to donate raffle items, or  to purchase raffle tickets, please contact Tony Valainis at (563) 570-2738 or Doug Darland at (563) 508-2671.

OXFORD, OH (07/11/2013)(readMedia)-- Margaret Ellen Benson, of Sterling, IL (61081) was among 3,678 students from Miami University who received degrees during spring commencement exercises Saturday, May 11

at Yager Stadium. Benson received a Bachelor of Fine Arts degree .

Miami University is a public university located in southwestern Ohio, offering more than 100 degree programs in humanities, science, engineering, business, education and fine arts.

Students with more than one listing have earned additional degrees or honors.

Additionally, Benson was named to the Miami University president's list.

Miami University students who are ranked in the top three percent of undergraduate students within each division for second semester 2012-13 have been named to the president's list recognizing academic excellence.

PRINCETON, NJ (07/11/2013)(readMedia)-- Maureen Malley of Moline, IL, a Voice Pedagogy and Performance major is a 2013 graduate of Westminster Choir College of Rider University.

Located in Princeton, N.J., Westminster Choir College prepares musicians for careers as performers and as music leaders in schools, universities, churches and professional and community organizations. It is the home of the world-renowned Westminster Symphonic Choir, which has performed and recorded with virtually all of the leading orchestras and conductors of our time. The College is a division of Rider University's Westminster College of the Arts, which has campuses in Princeton and Lawrenceville, N.J. To learn more about Westminster, go to www.rider.edu/wcc.

Receives "Champion" Award from College Changes Everything conference

CHICAGO - July 11, 2013. Lt. Governor Sheila Simon, the state's point person on education reform, urged educators to continue working to remove academic and non-academic barriers for college completion as she accepted the 2013 College Changes Everything Champion Award today from the Illinois Student Assistance Commission (ISAC).

The award, presented annually at the College Changes Everything conference, recognizes an individual who has made significant contributions to help the state improve college access and completion efforts for Illinois students. Simon said undergraduates attending four-year schools, full-time and right out of high school make up less than 30 percent college students nationwide, and more students are attending for-profit schools than ever before. She said more transparency and low student loan rates will help older, part-time students succeed.

"I will continue to advocate for higher education that is affordable and accessible for all Illinois students, and to focus on reforms that help students from all backgrounds earn credentials that translate to good-paying jobs," said Simon, who visited the state's 12 public universities and 48 community colleges in her first two years in office. "I count higher education institutions and education advocates across the state as great partners as we focus on increasing the college completion rate in Illinois."

This month, Simon will convene education leaders to develop a statewide College Scorecard with data on completion rates and costs that will help students make the most of their tuition dollars. The effort follows a resolution drafted by Simon and approved by the General Assembly urging all Illinois colleges and universities to prominently display a link to a federal College Scorecard on their websites to help students assess college costs.

Simon has also worked with students and advocates to urge Congressional action on student loan rates. On July 1, interest rates on some federal student loans doubled. Simon has encouraged students to contact their federal representatives to explain what $2,600 annually - the average increase with doubled rates - means to them.

Simon and the state Board of Education are also rolling out the state's first middle school and high school math curriculum models this fall. Prompted by Simon's work on Senate Bill 3244, the units outline teach techniques aligned with Common Core standards and are designed to reduce remedial needs at college. Math is the biggest academic barrier to college completion, Simon said.

"Sheila Simon is one of the true champions of education in Illinois, and it's my honor to present her with this recognition," said Eric Zarnikow, executive director of ISAC.

The conference, coordinated by ISAC, brings together educators, students, legislators and other advocates to work towards the state's college completion goal. To keep pace with employer needs, the state wants 60 percent of working-age adults to hold a college degree or credential by 2025.

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Statewide Farm Organization Says Iowa Farmers Have Waited Long Enough to End D.C. Farm Bill Gridlock

WEST DES MOINES, IOWA - July 11, 2013 - Iowa Farm Bureau Federation (IFBF), Iowa's largest grassroots farm organization, expressed disappointment today in the House passage of a split Federal Agriculture Reform and Risk Management Act, widely known as the 2013 Farm Bill that would separate nutrition and farm programs, while repealing permanent farm law.

"Repealing permanent farm law leaves little incentive for Congress to complete future bills in a timely fashion.  The House leaders need to understand that removing permanent farm law leaves farmers, and the food they produce, vulnerable," says Craig Hill, IFBF president.  "The key part of this has been the traditional alliance of nutrition and farm stakeholders, so splitting this weakens the rural voice in this vital debate."

Farm leaders have waited months for any movement on this, and while unconventional, this action today by the House is one step closer to conference with the Senate.  "It is our fervent hope that House leaders will follow through with a nutrition bill so that the whole Farm Bill package can be completed," Hill added. "For too long, political chasms in Washington over the Farm Bill have been casting a mood of uncertainty for Iowa farmers and agribusiness industries.  Unfortunately, this act does long-term harm to rural America and defeats the overall goal of a negotiated bill that benefits all Americans."

-30 -

About Iowa Farm Bureau

The Iowa Farm Bureau Federation is a grassroots, statewide organization dedicated to enhancing the People, Progress and Pride of Iowa.  More than 153,000 families in Iowa are Farm Bureau members, working together to achieve farm and rural prosperity.  For more information about Farm Bureau and agriculture, visit the online Newsroom page at www.iowafarmbureau.com.

Washington, D.C. - Congressman Dave Loebsack released the following statement today after the House voted on a split version of the Farm Bill.  Loebsack has consistently fought to move a Farm Bill forward that can be signed into law.  Last month, he joined the Iowa delegation, and was one of only 24 Democrats, to support the complete House version of the Farm Bill, which was voted down.  He also introduced in the House the bipartisan farm bill legislation that recently passed the Senate with the support of both Senators Harkin and Grassley.

"It is unconscionable that the dysfunction of Republicans in the House has led to this highly partisan legislation that does not provide the support our farmers and rural communities deserve.  There has been a coalition of agriculture and nutrition groups that have worked together for decades to pass a Farm Bill.  The House Republicans' decision to split the bill is about Washington politics, not getting a farm bill done.  The decision to put partisan politics ahead of farmers is opposed by agriculture advocates including both Iowa Senators, Harkin and Grassley, and the American Farm Bureau, along with a group of 530 agriculture and rural development organizations, who have all expressed opposition to moving a split bill.

"I have been fighting to get a bipartisan Farm Bill signed into law.  We have to move this process forward and pass a bill that can go to conference with the Senate and be signed into law.  This legislation does not move the bill forward; it is in fact a step back.  The House needs to do its job and pass a long term Farm Bill. The continued partisan games will only continue to further delay the enactment."

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