Kasparek v. Johnson County Board of Health

McCORMICK, Justice (dissenting).

I am unable to agree with division II or the result. The court’s evaluation of the evidence departs from the principle that debatable questions as to reasonableness of an enactment are not for the courts but for the legislative body. See Goldblatt v. Town of Hempstead, 390 U.S. 590, 595, 82 S.Ct. 987, 990, 8 L.Ed.2d 130, 134 (1962); Adams v. Bonacci, 287 N.W.2d 154 (Iowa 1980); Incorporated Town of Carter Lake v. Anderson Excavating and Wrecking Co., 241 N.W.2d 896, 901 (Iowa 1976). Furthermore, the court’s view of the law cannot be reconciled with the recent…