Iowa Supreme Court Opinions

February 1, 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. 11-0570

DALE BOELMAN and NANCY BOELMAN vs. GRINNELL MUTUAL REINSURANCE COMPANY

No. 11-1637

HARDIN COUNTY DRAINAGE DISTRICT 55, DIVISION 3, LATERAL 10 vs. UNION PACIFIC RAILROAD COMPANY

February 1, 2013 - Cedar Rapids, Iowa - "Theatre as a Community Collaboration"

Six talented individuals from REM Iowa Developmental Services Hiawatha (RDS) have
spent six exciting weeks preparing for a very special night.  As a cooperative effort
of REM Iowa Developmental Services, Theatre Cedar Rapids and Legion Arts, this self-named
group, the "Team of Super Awesome Rock Stars", will present "Three Awesome Fables"
at CSPS Hall on Friday, February 8th at 6:00pm to an audience of invited peers,
family, and community members.

Theater Cedar Rapids Education Coordinator Mike Wilhelm coached the actors weekly
with exercises to encourage self-expression and interactions between players.  Legion
Arts has generously allowed the use of the historic theater at CSPS Hall in Cedar
Rapids so the participants could have the full experience of presenting on a stage
where scores of artists have presented before them.   Local artist Sonya Darrow
worked with the actors to create inspiring and creative costumes.  Musician and
teacher Brook Hoover was eager to lend his musical talents to the show by collaborating
with the troop of six on innovative sound techniques.  Todd Kimm of Legion Arts
was instrumental in catching the vision and bringing the team together to make the
project a great experience. The actors responded with teamwork, cooperation, and
pride in their accomplishments.

The RDS actors have had a wonderful time learning about movement, projecting their
voices, and following stage direction.  "I like it.  I think it's fun," says Douglas
Franta, one of the actors.  Shawn Stender also had an enjoyable time, "It's great
and very beautiful," he says of the experience.   Stephanie Bawek, Program Director
and Kevin Connor, Program Coordinator will lend their acting chops to the performance
as well.   Kevin believes the experience will be a memorable one for RDS, "The individuals
involved relish the idea of being in the theatre," he commented.  Felicia Sales,
actor from RDS, agrees, "I like to be a mouse and I really enjoy it!"

The theatre experience exemplifies the RDS mission of quality programming and community
integration. It is one of many opportunities individuals in our services enjoy along
with art classes, music therapy, and fun fitness coaching.   We hope the relationships
created within the community through this project will continue to inspire opportunities
and enhance lives.

For more information please contact TCR Education Coordinator Mike Wilhelm at 319-366-8591
or mike@theatrecr.org.

About Theatre Cedar Rapids

Among the region's largest and longest-operating community theatres, Theatre Cedar
Rapids is located in the Iowa Theater Building in the heart of downtown Cedar Rapids,
Iowa.  Founded by regionalist artist Grant Wood, TCR is a nationally-recognized
501(c)3 nonprofit community theatre embarking on its 79th season of quality local
programs that reach more than 55,000 eastern Iowans of all ages.  Core goals of
the organization center on the quality and accessibility of programs.  During the
August to July season, the 11 full-time staff, part-time help and contract artists
fill more than 3,000 volunteer placements and work together to create an ambitious
lineup of musicals, comedies, dramas and classics in addition to providing theatre
education programs. The mission of Theatre Cedar Rapids is "to provide quality theatre,
maximizing community participation and education in theatre arts to Cedar Rapids
and the surrounding region."

Quick Facts:

* 35,000 hours volunteered last year
* Over 60,000 patrons and participants last season
* Founded by artists Grant Wood and Marvin Cone in 1925
* An independent certified public accountant audits the theatre annually

The Davenport Public Library now offers digital magazines through Zinio!  It's FREE! It's FUN! It's yours now with your Davenport public library card!

Zinio provides a quick and easy way for library patrons to read digital copies of their favorite magazines. Using their Mac, PC, Kindle, iPad, etc., reading fans will be able to access the library's catalog of selected digital magazines. Zinio's unique digital platform recreates a magazine page-for-page, including highly visual full-color pictures, while taking the reading experience even further through intuitive navigation, key word article search and interactive rich media elements such as audio and video.   Some of the 100+ magazines offered include, Consumer Reports, Car & Driver, Good Housekeeping, The Economist, ESPN Magazine, and Esquire!

Here are a few additional notes to remember:

  • The Davenport Public Library has subscribed to approximately 150 titles for its patrons.
  • Start at www.davenportlibrary.com in order to access the subscriptions the library has purchased for patrons to use for FREE!
  • This process allows you to check out full issues of the magazines.
  • There's no waiting.  Issues can be used by an unlimited number of people.
  • There might be an app available for your device that would allow you to download content to read when you are offline.

For more information call the Davenport Public Library reference department at (563) 326-7832 or visit us online at www.davenportlibrary.com.

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Kenosha, Wis. - Carthage College has named outstanding scholars to its Dean's List for academic excellence during the fall semester of 2012.

Dean's List honors are accorded Carthage students who achieve a 3.5 grade point average while carrying at least 14 credit hours during a semester.

Students from the local area receiving Dean's List honors include :  Erin Holst of Bettendorf, Iowa, and Jennifer Lynn Fyfe of Davenport, Iowa.

ABOUT CARTHAGE COLLEGE
Established in 1847, Carthage is a college of the liberal arts and sciences affiliated with the Evangelical Lutheran Church in America. The College enrolls 2,500 students and is situated on the Lake Michigan shore in Kenosha, Wis., midway between Chicago and Milwaukee. The Collegiate Learning Assessment has ranked Carthage among the top eight percent of colleges and universities nationwide for the academic gains of its students.

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Oskaloosa, Iowa- William Penn University is pleased to announce that Carmen Cristina Wetzel of Bettendorf and Lisa Ann Lacy of Davenport have been named to the President's List for the fall 2012 semester. To be included on the President's List, a student must complete at least 12 hours of credit with a minimum grade point average of 3.9 on a 4.0 scale.

William Penn University is alos pleased to announce that Blake Younkin of Bettendorf has been named to the Dean's List for the fall 2012 semester. To be included on the Dean's List, a student must complete at least 12 hours of credit with a grade point average of 3.5 - 3.89 on a 4.0 scale.

William Penn University was founded by Quakers in 1873 and is located in Oskaloosa, Iowa. William Penn University has recently expanded both programming and facilities. For more information, visit the university's website at www.wmpenn.edu or call 1-800-779-7366.

MOLINE, IL - WQPT-Quad Cities PBS, in conjunction with a collaboration of area non-profit organizations focused on bullying in our community (known as CARE QC - Connecting Anti-Bullying Resources and Education), will host a series of community conversations, television programming and online activities to inform parents, students and teachers about the resources available to combat bullying.

"CARE QC was formed as a result of information gathered during WQPT's 'American Graduate' work last year. At the community forums convened to discuss the drop-out crisis and the need for mentors in our community, we discovered that bullying was one of the top factors in a student's decision to drop out of school," said WQPT Interim General Manager Jamie Lange.

The community conversations will be held from 5-7:30 p.m., Monday, Feb. 18 at the Martin Luther King Center in Rock Island, and Wednesday, Feb. 20 Wednesday, Feb. 20 at the Moline Public Library.

In addition, Ballet Quad Cities will offer a free performance of "The Ugly Duckling" from 7-8:30 p.m. Friday, Feb. 22 at Davenport North High School. The dance performance carries an anti-bullying message about treating on another with respect. Renowned anti-bullying expert Dr. Jennifer Caudle will host a short program following the event.

Related programming featured on WQPT includes:

Sunday, Feb. 17, 8 p.m.: "Official Best of Fest: Bullies." Get a glimpse into the world of bullying with two short films from Australia and the UK.

Sunday, Feb. 17, 8:30 p.m.: "Dissed Respect." The impact of bullying encourages dialogue about the need to reduce the high-risk behavior of bullying.

Monday, Feb. 18, 8 p.m.: "Teaching Channel: Bullying at School." The program visits three schools where parents, teachers and students are implementing bullying prevention programs.

Monday, Feb. 18, 9 p.m.: "Enough is Enough." Learn about the evolving interactive web, social networking and cyber-bullying. Learn how to protect your child on all internet enabled devices.

For more resources, interactive surveys and information, visit wqpt.org/stopbullying.

WQPT is a public media service of Western Illinois University-Quad Cities.

President Obama's nominee to be Secretary of Defense, Chuck Hagel, failed miserably when faced with hard questions from the Senate Armed Forces Committee today. He could not, or refused to, answer for his past anti-Israel and seemingly pro-Iran positions. Instead he only offered confirmation that he should not be the Secretary of Defense.

Today's hearing proved without a doubt we must stop Hagel from being our next Secretary of Defense.

Hagel Calls Ahmadinejad's Government "elected, legitimate."

Hagel was trying to defend his refusal to vote to label the Iranian Revolutionary Guards as a terrorist organization. In doing so he called Iran several times as an "elected, legitimate government," and again said the Iranian regime was a "legitimate, independent government."

It was a slip or he wasn't thinking, but it shows his disposition towards Iran that we have disturbingly seen several times. It is outrageous to legitimize a government led by a madman like Ahmadinejad, who has publicly denied the holocaust ever occurred, and called for the state of Israel to be "wiped off the map." 

If Hagel thinks that kind of conduct passes as 'legitimate government' then we'd hate to see how he would react as an ambassador of American interests abroad.

If you have not yet signed the petition, do it now! If you HAVE signed, please e-mail it to everyone you know, share it on Facebook, tweet it out, make comments and spread the word all over the net.



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Hagel Agreed, in 2009 Interview, America is "the World's Bully"

Senator Ted Cruz (R-TX) literally blew Hagel out of the water when he played a very damning quote of Hagel conducting a 2009 interview on Al-Jazeera News wherein Hagel AGREED WITH an e-mailed comment from a woman who identified the United States as "the World's Bully."

Cruz played the soundbyte for the whole committee and all attendees to hear for themselves:

VICKSBURG, Miss. – The unified command continues to respond to a crude oil spill in the lower Mississippi River near mile marker 436 in Vicksburg, Miss., Thursday.

At 10:05 a.m. today response crews removed fuel from the damaged barge MOC-12 after reconfiguring oil-pump equipment.  Following completion of the oil removal operations the damaged barge will be inspected and prepared for transit to a maritime facility in nearby Vicksburg.  The MOC-15 barge has been moved upriver from the MOC-12 oil removal operation and is waiting for transportation to a maritime facility.

Response crews have deployed 5,300 feet of boom to contain any potential oil releases. Skimming vessels have recovered approximately 8,400 gallons of oil-water mixture since the incident occurred. The tank levels are being continually monitored.

The unified command is working with the Coast Guard's Marine Transportation System Recovery Unit to coordinate vessels moving northbound at night and southbound during the day. A safety zone is in effect between mile marker 425 and mile marker 441 restricting travel to commercial vessels.  The Coast Guard is working with the Lower Mississippi River Committee to coordinate vessel movements through the safety zone.

In total, 62 vessels and 974 barges have been cleared to go northbound and southbound since the restrictions have been put into place.

There are 29 northbound vessels with 439 barges and 19 southbound vessels with 315 barges waiting in the queue due to traffic restrictions. Mississippi River vessel traffic queue management is ongoing.

The unified command consists of representatives from the Coast Guard, state on-scene coordinators from Mississippi and Louisiana and the owner of the towing vessel, Nature's Way Marine LLC. Personnel from Coast Guard Sector Lower Mississippi River, Coast Guard Marine Safety Detachment Vicksburg and the Coast Guard's National Strike Force are on scene as part of a unified command effort to oversee cleanup and salvage operations.

The Coast Guard investigation into the incident is ongoing.

For further information or media inquiries contact the Information Center in Vicksburg at (601) 801-3521.

Saving Lives and Guarding the Coast Since 1790.
The United States Coast Guard -- Proud History. Powerful Future.

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SYCAMORE, IL (01/31/2013)(readMedia)-- Story by Sgt. Kenneth Vasser, Unit Public Affairs Representative, Illinois Army National Guard

The artillerymen of Alpha Battery, 2nd Battalion, 122nd Field Artillery opened their armory doors to the general public, local leaders and family and friends for an open house Jan. 27, at the Sycamore Armory.

The purpose of the Open House was to give the public an opportunity to learn about the unit's history and military mission, see unit equipment and facilities, and visit with the Redlegs of Alpha Battery.

Visitors were given a presentation on the history and lineage of the unit and its involvement in various conflicts throughout history. The main event of the day was a full-speed "dry-fire" artillery demonstration that explained how the "eyes," "brains" and "brawn" of the field artillery work together to achieve mission success.

"Artillerymen work hard," said Capt. Dustin Cammack of Chicago, battery commander. "The forward observers are the "eyes," they travel with the infantry and send us target information. The fire direction center, the "brains", then processes that information into firing data. Then the gun line, known as the "brawn," uses that data to put steel on target," said Cammack. "When all things are in sync, it's a beautiful thing."

Guests were able to see firsthand the inner workings of the technology, equipment and technical proficiency involved with modern day field artillery. The spectators observed four "dry- fire" missions as Soldiers and leaders explained and demonstrated their duties, tasks and responsibilities as artillerymen.

"The event was an overall success," said Staff Sgt. Jorge Solis of Wheaton, a cannon crew chief. "The motivation of the Soldiers was high, and the community was involved and attentative."

Spc. Levi Kammes of Crystal Lake, a cannon crew member, appreciated the local community's support.

"It was a great day and a great opportunity for the community to support the unit and really see what is within the armory walls," said Kammes.

The unit hopes to maintain its strong connection with the city of Sycamore as the Soldiers continue their commitment to serve the community and nation.

"We are truly grateful and proud of the support this unit has received from the people of Sycamore," said Cammack. "It has allowed us to be such an amazing part of American history and this town's history for nearly 100 years."

More than 40 people attended the first-ever open house at the Sycamore Armory. Notable attendees included state Rep. Bob Pritchard, 70th District, Paul Herbert, First Division Museum at Cantigny executive director, and Alison Ruble, USO of Illinois president and CEO.

SPRINGFIELD, IL - To ensure that law-abiding gun owners have a voice to defend their Second
Amendment rights, state Rep. Mike Smiddy (D-Hillsdale) has joined a new legislative working
group designed to lead the conversation about gun rights in Illinois. Smiddy has also signed
on as a co-sponsor for HB 997, a bill that would provide guidelines for the concealed carry of
firearms in Illinois.

"For too long in Illinois, law-abiding citizens have been denied their basic Second Amendment
rights because of a vocal and influential minority," said Smiddy, a critic of the state's gun
control laws. "This is an opportunity for gun rights advocates to finally play a role in shaping
firearms policy in Illinois.

In December, a federal appeals court ruled Illinois' ongoing ban on concealed carry
unconstitutional and gave the state a 180 day deadline to pass a concealed carry bill. While the
state's Attorney General is appealing the decision, gun rights supporters are confident that the
ruling will be upheld.

The bipartisan firearms working group, led by Lt. Governor Sheila Simon, is comprised of new
lawmakers from all regions of the state and all sides of the gun rights debate. The group will
meet with stakeholders and be a vital part of the debate in Springfield.

"Gun owners who have followed the law and played by the rules deserve to have a voice in
any proposed changes, "said Smiddy. "I intend to be that voice. I will be a strong activist in this
working group to make sure that we're not left with a watered down version of a concealed
carry law."

For more information, contact Smiddy's office at (309) 848-9098 or RepSmiddy@gmail.com.
Residents can also call toll-free at (855) 243-4988.

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