Legal Opinion · Concurrence

Wilson v. Nepstad

Supreme Court of Iowa

Decided July 25, 1979No. 61537-61541Published

1ConcurrenceMcCORMICK, Justice

I am unable to agree that municipal inspection statutes and ordinances invariably create a duty to those who live in the premises inspected.

In these cases plaintiffs do not set forth the provisions of statute and ordinance relied upon as imposing such a duty. The statutes are not cited and the ordinances relied upon are not before us. Consequently, resolving all pleading doubts in their favor, we are unable at this stage of the cases to say it appears to a certainty plaintiffs have failed to state claims upon which any relief may be granted under any supportive state of facts which could be…

2Cases cited15 opinions

  1. Adams v. StateAlaska Supreme Court · 1976
  2. Halvorson v. DahlWashington Supreme Court · 1978
  3. Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
  4. Fabricius v. Montgomery Elevator CompanySupreme Court of Iowa · 1963
  5. Vermeer Ex Rel. Vermeer v. SnellerSupreme Court of Iowa · 1971

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