Keystone Electrical Manufacturing, Co. v. City of Des Moines

McGIVERIN, Chief Justice.

Two actions were brought against defendant city of Des Moines (hereinafter “City”) for damages to plaintiffs’ property arising out of the flood of 1993. The main questions here involve whether the City is exempt as a matter of law from liability under the discretionary function and emergency response exceptions to liability under Iowa’s Tort Liability of Governmental Subdivisions Act, Iowa Code section 670.4(3), (11) (1995), and the act of God defense, for failure to fill an opening in a river levee just prior to the flood.

Upon our review, we conclude that it cannot…