Legal Opinion

Pottawattamie County v. Iowa Department of Environmental Quality

Supreme Court of Iowa

Decided December 20, 1978No. 61549PublishedCited by 21 opinions

1Opinion of the Court

McGIVERIN, Justice.

Respondents Iowa Department of Environmental Quality (DEQ) and Air Quality Commission (AQC), also collectively referred to as the department, appeal the dismissal by trial court in a judicial review proceeding of a DEQ complaint against petitioners Pottawattamie and Mills Counties and their boards of supervisors (Counties). We reverse the trial court.

Respondents claim petitioners are in violation of the “fugitive dust rule”, rule 400-4.3(2)(c) of the Iowa Administrative Code (IAC), relative to a dust condition existing on a one and one-fourth mile gravel, secondary road on…

2Cases cited14 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. City of Davenport v. Public Employment Relations BoardSupreme Court of Iowa · 1978
  3. Millsap v. Cedar Rapids Civil Service CommissionSupreme Court of Iowa · 1977
  4. Motor Club of Iowa v. Department of TransportationSupreme Court of Iowa · 1977
  5. Patz v. Farmegg Products, Inc.Supreme Court of Iowa · 1972

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wayne County v. Tennessee Solid Waste Disposal Control BoardCourt of Appeals of Tennessee · 1988
  2. West v. National Mines Corp.West Virginia Supreme Court · 1981
  3. Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and Bobbie Lynn Weatherman v. Grain Processing CorporationSupreme Court of Iowa · 2014
  4. Eaves v. Board of Medical ExaminersSupreme Court of Iowa · 1991
  5. Kasparek v. Johnson County Board of HealthSupreme Court of Iowa · 1980

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API