Legal Opinion

City of Des Moines v. Lavigne

Supreme Court of Iowa

Decided August 31, 1977No. 2-58233PublishedCited by 8 opinions

1Opinion of the Court

HARRIS, Justice.

This appeal arises from two prosecutions under a municipal loitering ordinance. On defendants’ challenge the trial court held the ordinance unconstitutionally overbroad. We reverse the trial court and remand the prosecutions, for further proceedings.

Timothy J. Lavigne and Karen Jean Cousins (defendants) were informed against for loitering and loafing in violation of § 32-28, Municipal Code of Des Moines.

Defendants separately demurred to the information in part on the claim the ordinance is overbroad in violation of the due process clause of Amendments 1 and 14 to the…

2Cases cited28 opinions

  1. Zwickler v. KootaSupreme Court of the United States · 1967
  2. Coates v. City of CincinnatiSupreme Court of the United States · 1971
  3. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
  4. City of Seattle v. PullmanWashington Supreme Court · 1973
  5. State v. PilcherSupreme Court of Iowa · 1976

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

3Cited by8 opinions

  1. State v. ToddSupreme Court of Iowa · 1991
  2. State v. DuncanSupreme Court of Iowa · 1987
  3. Baker v. City of Iowa CitySupreme Court of Iowa · 1977
  4. F.K. v. Iowa District Court for Polk CountySupreme Court of Iowa · 2001
  5. In Interest of C. and KSupreme Court of Iowa · 1982

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

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