Monroe Branstad v. State of Iowa Ex Rel. Natural Resource Commission and the Iowa Department of Natural Resources

ZAGER, Justice.

In this appeal we are asked to decide whether the State’s role is “primarily adjudicative” when the Natural Resource Commission decides a contested case following an investigation and subsequent decision by the Department of Natural Resources to assess restitution. We find that the State’s role in this case was primarily adjudicative, precluding an award of attorney fees. See Iowa Code § 625.29(1)(6) (2011). Therefore, we vacate the decision of the court of appeals and affirm the. judgment of the district court denying attorney fees.

I. Background Facts and Proceedings.

The Iowa…