Legal Opinion
State Ex Rel. Iowa Air Pollution Control Commission v. City of Winterset
Supreme Court of Iowa
Decided June 26, 1974No. 2-56318PublishedCited by 6 opinions
1Opinion of the Court
HARRIS, Justice.
An action was brought to enjoin a municipality from burning refuse and was pending when the legislature revised existing environmental statutes. The new enactment contains substantially the same provisions prohibiting the burning of refuse. The trial court held the action abated by the simultaneous repeal and reenactment of the applicable statutes. We reverse and remand.
On April 21, 1972 the 64th General Assembly, Second Regular Session, passed the department of environmental quality act (chapter 1119, Acts of the 64th G.A.). In addition to creating the department, the act…
2Cases cited7 opinions
- Elk Run Telephone Co. v. General Telephone Co. of IowaSupreme Court of Iowa · 1968
- State v. McGranahanSupreme Court of Iowa · 1973
- Grant v. FritzSupreme Court of Iowa · 1972
- State v. WattsSupreme Court of Iowa · 1971
- State Ex Rel. Ackerly v. ShepherdSupreme Court of Iowa · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bd. of Sup'rs of Linn Cty. v. Dept. of RevenueSupreme Court of Iowa · 1978
- Brewer v. Iowa District Court for Pottawattamie CountySupreme Court of Iowa · 1986
- Van Allen v. StateIndiana Court of Appeals · 1984
- Wieslander v. Iowa Department of TransportationSupreme Court of Iowa · 1999
- Strand v. RasmussenSupreme Court of Iowa · 2002
1 more not listed; retrieve them via the Exa API.