Danny Homan, Rich Taylor, Jerry Kearns, Mark Smith, Thomas Courtney, Janet Petersen, Bruce Hunter, Curt Hanson, Tony Bisignano, Herman Quirmbach, Dick Dearden, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, Dave Jacoby, Pam Jochum, Matt McCoy, Michael Gronstal, and Bruce Bearinger v. Terry E. Branstad

WIGGINS, Justice.

The president of a public employee union and members of the general assembly filed a petition for injunctive relief and writ of mandamus' challenging the Governor's item veto of appropriations for the mental health institutes in Mount Pleasant and Clarinda. The parties both filed motions for summary judgment. The district court granted the defendant’s motion for summary judgment and dismissed the petition. The plaintiffs appealed.

We find the appeal was timely and the issue of the Governor’s veto was not moot. On the merits, we find the Governor’s item veto of appropriations…