Legal Opinion

Westphal v. City of Council Bluffs

Supreme Court of Iowa

Decided February 21, 1979No. 61801PublishedCited by 9 opinions

1Opinion of the Court

, LARSON, Justice.

Plaintiff Elmer F. Westphal, former city clerk of Council Bluffs, brought an action against the city for lost compensation, based upon alleged wrongful removal from office by the city council. The jury returned a verdict in his favor for actual and punitive damages, and the city appeals. We reverse the trial court.

The facts are largely undisputed. West-phal had originally been appointed for a term commencing August 2, 1963. He was reappointed several times pursuant to § 368A.1(1), The Code. (This section was replaced by § 372.13(3) which gave the city authority to establish…

2Cases cited7 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. McMahon v. City of Des MoinesSupreme Court of Iowa · 1942
  3. State ex rel. Hogle v. SmithSupreme Court of Iowa · 1895
  4. State ex rel. Dusey v. Creston Mutual Telephone Co.Supreme Court of Iowa · 1923
  5. Eastern Iowa Cablevision, Inc. v. City of Iowa CitySupreme Court of Iowa · 1978

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

3Cited by9 opinions

  1. City of Des Moines v. Civil Service CommissionSupreme Court of Iowa · 1995
  2. Bailiff v. Adams County Conference BoardSupreme Court of Iowa · 2002
  3. Welty v. McMahonSupreme Court of Iowa · 1982
  4. Goodman v. Clerk of the Circuit CourtCourt of Appeals of Maryland · 1981
  5. Bailiff v. Adams County Conference BoardDistrict Court, S.D. Iowa · 1999

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

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