City of Des Moines v. Cassandra Webster, and James Loveland, Jeanne Zeitler, and Eric Randall, Intervenors-Appellees.

The City of Des Moines (City) appeals the district court’s ruling denying its petition for a writ of certiorari and upholding the ruling for the intervenors-appellees, James Loveland, Jeanne Zeitler, and Eric Randall (appellees). The City claims the district court erred in finding the defense of necessity applicable to the homeless individuals’ situation. We find the district court erred in finding substantial evidence existed to support the defense of necessity. Accordingly, we reverse the judgment of the district court and remand for entry of an order sustaining the writ of certiorari.

I.…