Iowa Department of Transportation v. Iowa District Court for Buchanan County

I concur in the result decided by the majority but respectfully disagree with the analysis by which it is reached. In Iowa Department of Transportation v. Iowa District Court for Scott County, 587 N.W.2d 781 (Iowa 1998), also filed this month, I set out my views in dissent concerning the effect of the legislature’s repeal of Iowa Code section 321J.4(3)(b) (1995). Applying that analysis to the case at bar, I would sustain the writ of certiorari.

This case differs from the Scott County case in this way. In the Scott County case, the defendants qualified under the 1995 statute to have their cases…