Mary Patricia Zaber, as Successor in Interest to J. Thomas Zaber, on Behalf of Herself and All Others Similarly Situated v. City of Dubuque, Iowa

MULLINS, Judge.

The City of Dubuque appeals from the district court’s ruling ordering the remaining funds held in an escrow account from a class action settlement'agreement be distributed equally among four charitable organizations serving Dubuque residents as cy pres recipients. The City argues the district court should have ordered the funds be returned to the City because doing so would serve the best interests of the class, cy pres is not appropriate in this case, the Iowa Rules of Civil Procedure provide the funds should be returned to the City, and, alternatively, even if cy pres were…