Legal Opinion · Dissent

Iowa Ass'n of the Blind v. Nemmers

Court of Appeals of Iowa

Decided August 30, 1983No. 2-69030Published

1DissentSchlegel, Judge

I respectfully dissent.

I do not believe the position of the majority finds support in the law. At issue is the control and future operation of an Iowa corporation (Not for Pecuniary Profit) formed under the provisions of Iowa Code chapter 504. This corporation, existing under a Constitution providing for its management, elections of officers, and regular and special meetings, is said by the majority to be subject to the will of the Board of Directors of the National Federation of the Blind (NFB) by virtue of its affiliation with that organization.

The majority correctly states the “pivotal…

2Cases cited7 opinions

  1. United States Jaycees v. San Francisco Jr. Cham. of Com.District Court, N.D. California · 1972
  2. United States Jaycees, a Missouri Corporation v. San Francisco Junior Chamber of Commerce, a California CorporationCourt of Appeals for the Ninth Circuit · 1975
  3. Grand Lodge Improved, Benevolent, Protective Order of Elks of the World v. Eureka Lodge No. 5, Independent ElksCourt of Appeals for the Fourth Circuit · 1940
  4. Grand Lodge of Iowa of the Independent Order of Odd Fellows v. Osceola Lodge No. 18, Independent Order of Odd FellowsSupreme Court of Iowa · 1970
  5. Grand Lodge of Massachusetts Loyal Orange Institution v. SnowMassachusetts Supreme Judicial Court · 1929

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