Iowa Supreme Court Opinions

May 24, 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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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. 11-1208

STATE OF IOWA vs. CHRISTINE ANN KERN

No. 11-1448

TERRY CHRISTIANSEN vs. IOWA BOARD OF EDUCATIONAL EXAMINERS

No. 13-0128

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. SAMUEL ZACHARY MARKS

Sen. Chuck Grassley of Iowa, a senior member of the Finance Committee with Senate jurisdiction over the IRS, today made the following comment on the employment status of Lois Lerner, the head of the IRS tax-exempt division in the middle of a debacle over the targeting of certain tax-exempt groups.

"My understanding is the new acting IRS commissioner asked for Ms. Lerner's resignation, and she refused to resign.  She was then put on administrative leave instead.  From all accounts so far, the IRS acting commissioner was on solid ground to ask for her resignation.  She was the head of the division that the inspector general found inappropriately targeted groups over their political associations.  She had an opportunity to disclose the targeting to Congress days before her disclosure at a legal conference and didn't do it.  Then she gave the impression that the issue came up independently at the conference, when it really was a plant that she arranged.  The IRS owes it to taxpayers to resolve her situation quickly.  The agency needs to move on to fix the conditions that led to the targeting debacle. She shouldn't be in limbo indefinitely on the taxpayers' dime."

More information on Lois Lerner's lack of disclosure of the targeting is available here

MILWAUKEE, WI (05/23/2013)(readMedia)-- The following local students have been named to the Dean's List for the spring 2013 semester at Marquette University in Milwaukee, Wis:

Thomas Grabow of Davenport, IA. Grabow is pursuing a Bachelor of Science degree in Accounting.

Matthew Noe of Rock Island, IL. Noe is pursuing a Bachelor of Science degree in Accounting.

Shannon Gambon of Coal Valley, IL. Gambon is pursuing a Bachelor of Science degree in Exercise Physiology.

Emmaline Jurgena of Davenport, IA. Jurgena is pursuing a Bachelor of Arts degree in Journalism.

Benjamin Minnick of Sterling, IL. Minnick is pursuing a Bachelor of Arts degree in Psychology.

Tara Vandygriff of Rock Island, IL. Vandygriff is pursuing a Bachelor of Arts degree in Public Relations.

Marquette University is a Catholic, Jesuit university that draws its more than 11,500 students from all 50 states and more than 75 different countries. In addition to its nationally recognized academic programs, Marquette is known for its service learning programs and internships as students are challenged to use what they learn to make a difference in the world. Find out more about Marquette at marquette.edu.

Rivermont Collegiate is honored to welcome Kim Reynolds, Lieutenant Governor of the State of Iowa, as our 2013 Commencement Speaker.

 

Rivermont Collegiate 126th Commencement

Friday, June 7th, 2013

10:00 a.m.

South Lawn of the Historic Bettendorf Mansion

1821 Sunset Drive - Bettendorf, IA

Contact: Brittany Marietta - (563) 359-1366 ext. 308 - marietta@rvmt.org

Lt. Governor Reynolds and Rivermont share a passion for STEM education.  Reynolds is the Co-Chair of the Governor's STEM (Science, Technology, Engineering, and Math) Advisory Council and was the only elected official named to the "100 Women Leaders in STEM" by STEMconnector in 2012.  At Rivermont, students begin working with discipline-specific science teachers in Kindergarten and math courses allow them to accelerate to the most appropriate level, regardless of their age or grade.  Technology is interwoven into Rivermont's curriculum, including Kindles, iPads, and a robotics program that spans grades 3-12.  We are thrilled to welcome a recognized STEM leader to Rivermont's 126th Commencement!

For additional information about Lt. Governor Reynolds, visit https://ltgovernor.iowa.gov/about/

ST. LOUIS, MO (05/23/2013)(readMedia)-- These students earned Deans List honors for the Spring Semester 2013 at Maryville University in St. Louis.

The honorees include :

Stacy Clark of Riverdale, IA; studying in Maryville's School of Education.

Mark Struve of Davenport, IA; studying in Maryville's College of Arts and Sciences.

Maryville University congratulates these students on achieving academic excellence for the spring semester. Undergraduate students are eligible for the Dean's List when they complete at least 12 Maryville University credit hours in a semester with a minimum of a 3.5 grade-point average on a 4.0 (pefect) scale..

About Maryville University

Founded in 1872, Maryville University is an independent, four-year, private university located in St. Louis, Missouri. Designated by US News & World Report as the nation's top overperforming university, Maryville University offers more than 50 undergraduate majors, and many master's and doctoral degrees.

Amana - The Old Creamery Theatre is pleased to bring you The Brett Family Singers, direct from Branson Mo., for three exciting shows, July 16, 17 and 18 at 3 p.m.

From an amateur family act, to an internationally known group of seasoned professionals, The Bretts have appeared on worldwide television and in more than 3000 live performances around the globe. The Bretts deliver high energy, high-caliber professional entertainment to audiences of all ages. Voted Best Morning Show in Branson, The Bretts consistently make their daytime performance the place to be on the Strip in Branson and now you can see them without leaving the state!

Tickets to see The Bretts are $29.50 for adults and $19.50 for students. Group rates for 15 or more are available.  

Call The Old Creamery Theatre box office at 800-35-AMANA (800-352-6262) or go online at www.oldcreamery.com to reserve your seats today!

The Bretts are celebrating their 15th anniversary with this all-new show in 2013. This special event is not included as part of any Season Ticket or Discount Ticket package. Coupons, gift certificates, complimentary tickets and $20 gift vouchers will not be accepted to purchase tickets to this event.

The Old Creamery Theatre is a not-for-profit, professional theatre founded in 1971 in Garrison, Iowa. The company is celebrating 42 years of bringing live, professional theatre to the people of Iowa and the Midwest.

The Salvation Army is on the ground in Moore, Oklahoma with multiple canteens and personnel coordinating with Local and State Emergency Management to serve first responders and those affected by the tornado. We continue to provide service to hard hit areas from Tuesdays' storms which include Shawnee - multiple sites, Carney area, and Cleveland County.

Meals and hydration are being provided for first responders and those affected.   Major Steve Morris, Arkansas-Oklahoma Divisional Commander has been driving around the affected area.    Major Morris states "The devastation is far reaching both in human life, property and livestock loss.  The Salvation Army is honored to serve and provide sustenance to first responders involved in search and rescue, coordination efforts and more.  And, of course, all survivors will be provided spiritual and emotional care."

Canteens involved in the response from Oklahoma include Central Oklahoma Area Command (Oklahoma City), Ardmore, Enid, Lawton, McAlester and Muskogee.  Also, disaster response teams from Pine Bluff, Jonesboro and Hot Springs, Arkansas are en route to the Oklahoma City metropolitan area to assist in response.  Personnel from across the division are also traveling to the area to form a Divisional Incident Command Team (which helps coordinate the overall response for The Salvation Army).  Central Oklahoma Area Command has established a local Incident Command team for response.

The Salvation Army is ready to provide the services mentioned above for as long as we are needed.  Additional updates will be provided as more information becomes available.  Please follow us at  http://centralusa.salvationarmy.org, www.twitter.com/SalArmyAOKEDS, www.twitter.com/CindyFullerOKC, www.twitter.com/SalArmyAOK  and www.facebook.com/SalArmyAOK for additional information.

Cash donations allow The Salvation Army to purchase product to quickly and efficiently meet the most urgent needs of disaster victims.  When possible, the purchases are made near the disaster site to stimulate the local economy and ensure quicker delivery.It is easy to give to The Salvation Army:

· By phone at 1-800-SAL-ARMY (1-800-725-2769)

· Online at www.salvationarmyusa.org

· By mail:

The Salvation Army - Disaster Relief

P.O. BOX 2536

Oklahoma City, OK 73102

Please make checks payable to "The Salvation Army" and clearly marked "May 2013 Oklahoma Tornadoes."

Text To Give:  You can also text the word "STORM" to 80888 to make a $10 donation through your mobile phone; to confirm your gift, respond with the word "Yes."*

Your donations make a real difference.

• A $10 donation feeds a disaster survivor for one day.

• A $30 donation provides one food box, containing staple foods for a family of four, or one household cleanup kit, containing brooms, mops, buckets and other cleaning supplies

• A $100 donation can serve snacks and drinks for 125 survivors and emergency personnel at the scene of a disaster.

• A $250 donation can provide one hot meal to 100 people or keep a hydration station operational for 24 hours

• A $500 donation keeps a Salvation Army canteen (mobile feeding unit) fully operational for one day Volunteers

The Salvation Army recruits and deploys disaster workers through its local Salvation Army units. To be trained as a disaster worker:

- Call the Quad Cities Salvation Army at 563-271-7933 to be added to the list for the next training.

The Salvation Army deploys trained disaster workers who have completed the 8-hour training course. A standard deployment is two weeks, including twelve working days and two travel days.   

OK Tornado 5-20-13.jpg

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WEST DES MOINES, IOWA - May 23, 2013 - Iowa Farm Bureau Federation (IFBF), Iowa's largest grassroots farm organization, says priority issues approved by this year's legislature, including new funding for water quality and soil conservation, landowner liability protections, property taxes, and bioscience research will benefit many sectors of the state for years to come.

The legislature made a commitment to soil conservation and water quality through the Agriculture and Natural Resources Budget appropriations.  Included for next year is $2.4 million funding for the implementation of the Iowa Nutrient Reduction Strategy plan and an additional one-time $10 million which will focus on priority watershed efforts over the next several years.  The legislature also agreed to allocate an additional $7 million to go towards the conservation cost-share backlog.

"Farmers know a 'one size fits all' approach doesn't work when it comes to conservation measures, but they do know what works best on their land," said IFBF President Craig Hill. "Conservation measures such as buffer strips, terracing and other soil protection and water quality measures have helped Iowa farmers reduce erosion by more than 30 percent since 1982, but requests for cost-share dollars to implement them have been grossly underfunded."

While only 4 percent of Iowans farm today, many Iowans and out-of-state visitors seek farm tours to learn more about the many ways Iowa farmers lead the nation in food production; that's why the bi-partisan passage of HF649 was welcomed by Farm Bureau members and many other Iowans.  Lawmakers restored the Recreational Use Liability Protection to protect farmers and landowners who allow visitors onto their farm for recreational purposes such as fishing, hunting, and field trips.  The measure resulted from an Iowa Supreme Court ruling in February and opened farmers and private landowners up to liability if someone were injured while on their land for recreational purposes.  "This is a big win for Iowa farmers and all Iowans who want to experience and learn more about life on the farm," said Hill. "By restoring this liability protection that farmers have had for four decades, the Legislature took a common sense approach that will be good for all Iowans."

Several measures passed in this legislative session which provided property tax relief, without shifting the burden from one class of property to another.  By reducing the statewide taxable valuation growth for agricultural and residential classes of property from 4 percent to 3 percent a year, taxable valuations across the state will grow slower yet still provide growth to local governments to afford needed infrastructure and public safety services.

An increase of $31 million for property tax credits also gives Iowans needed property tax relief.  The legislature also approved a measure that will reduce the impact of future property tax increases within the school aid funding formula.  Moving forward, any increase in the school aid funding formula will be covered by the state, avoiding the reliance on additional property taxes.

The legislature did not increase the state's fuel tax, which means the state still has an annual shortfall of approximately $215 million to meet the critical needs of our deteriorating roads and bridges.  The result is more local governments turning to bonding to pay for their roads and bridges, leaving taxpayers with the burden of paying it back.  "While many long-term investments in our state were made during this legislative session, the much needed improvement of roads and bridges remains unresolved.  Our aging infrastructure is important to Iowa's economy, and we will continue to work next year to increase the constitutionally- protected fuel tax as the most equitable means to meet those needs," said Hill.

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MAXWELL AIR FORCE BASE, Ala. - In what is another first for Civil Air Patrol, aircrews from the U.S. Air Force auxiliary's North Dakota Wing are flying into Canada to take aerial assessment photos in advance of expected flooding from spring thawing of ice and snow.

Secretary of the Air Force Michael B. Donley approved the CAP imagery flights, which began last Friday over the Souris River basin and could continue for the next two weeks. The request for CAP's assistance came from North Dakota through the state's adjutant general, Maj. Gen. David Sprynczynatyk.

The CAP flights are unique in that the aircraft are taking off and landing in the U.S. but are being flown in Canadian airspace.

"We greatly appreciate the secretary of the Air Force's approval for North Dakota Civil Air Patrol to conduct incident awareness and assessment flights into Canada," said Sprynczynatyk. "This is a very distinctive mission, and based on years of flood experience, uniquely suited for our pilots. It is exciting to work with our international partners to the north to better understand the impact of flooding along rivers, which we share as a common concern."

The Souris River, or Mouse River as it is known in the U.S., is 435 miles in length. Originating in the Canadian province of Saskatchewan, it flows south into North Dakota through the city of Minot and reaches its southern point at the town of Velva, and then back north through the central part of the state into Manitoba, Canada.

"We took the Ward County Emergency Management with us on Friday, so they could get an idea of what is coming our way," said North Dakota Wing Commander Col. Bill Kay, incident commander for the CAP flights.

Ward County and its county seat of Minot have experienced significant flooding several times in recent years and more is expected this spring because of higher than usual snow packs during the winter, as well as heavy rains over the past weekend.

After last Friday's initial flight into Canada, rains grounded CAP aircrews over the past few days, but they were expected to return to the skies over the Souris River today to collect new imagery. "Now that we've got the secretary of the Air Force's permission to fly across the border, we can launch when the weather permits," said Kay. "That new imagery will give us a better idea of what we'll be dealing with in coming days."

In addition to using CAP's aerial photos to predict where high waters might occur in North Dakota, the state is also sharing the imagery with the Manitoba Emergency Measures Organization, so officials in the Canadian province can monitor the flooding potential there.

Civil Air Patrol (CAP), the official auxiliary of the U.S. Air Force, is a nonprofit organization chartered by Congress in 1941 with a 501(c)(3) designation and pre-dates the Air Force. CAP consists of 61,000 unpaid professional members nationwide, and operates a fleet of 550 aircraft. CAP, in its Air Force auxiliary role, performs 90 percent of continental U.S. inland search and rescue missions as tasked by the Air Force Rescue Coordination Center (AFRCC) and is credited by the AFRCC with saving an average of 80 lives annually. Its unpaid professionals also perform homeland security, disaster relief and drug interdiction missions at the request of federal, state and local agencies. The members play a leading role in aerospace education and serve as mentors to more than 26,000 young people currently participating in the CAP cadet programs. CAP is a force multiplier to the Air Force CAP received the World Peace Prize in 2011 and has been performing missions for America for 71 years. CAP also participates in Wreaths Across America, an initiative to remember, honor and teach about the sacrifices of U.S. military veterans.

 

Warrior Games USMC Track and Field

U.S. Marines Corps Sgt. Rachel Brokaw with Wounded Warrior Battalion East,, throws a shot-put during the 2013 Warrior Games at the U.S. Air Force Academy in Colorado Springs, Colo., on May 14, 2013. The Warrior Games is a Paralympic style competition to elevate wounded, ill and injured service members' abilities through athletic competition. The fourth annual Warrior Games will be held at the Olympic Training Center and Air Force Academy in Colorado Springs, Colo., May 11-16. Athletes will have a chance to compete in swimming, track and field, volleyball, wheelchair basketball, sitting volleyball, cycling, shooting and archery. The Marine team will defend their championship title against the Army, Navy /Coast Guard, Air Force and SOCOM. (U.S. Marine Corps photo by Lance Cpl. Sharon Kyle)

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