City of Des Moines v. Ted's Auto Parts, Inc.

The sole question before us here is whether a city can appeal a municipal court decision in a class “D” criminal case to the district court for determination of a point of law.

Defendant was charged with violating section 30-295 of the Des Moines Municipal Code relating to the parking of vehicles in the city streets. The defendant is engaged in the auto salvage business and left partially dismantled vehicles in an unopened but platted city street. The municipal court judge ruled the dismantled car was not a vehicle within the meaning of the ordinance.

The City appealed to the district court.…