Legal Opinion · Concurring in part, dissenting in part
Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource Commission
Supreme Court of Iowa
Decided June 16, 2017No. 15–0328Published
1Concurring in part, dissenting in partMansfield, Justice
I respectfully dissent with respect to Part III of the court’s opinion. I believe the court is taking an overly technical view of the underlying statutory authority provided to the Iowa Department of Natural Resources (DNR).
I do not share the majority’s view that the statute is clear and unambiguous. We read statutes as a whole. See In re Estate of Gantner, 893 N.W.2d 896, 902 (Iowa 2017). Iowa Code section 4840.12(1) (2013) says the DNR “may provide for the quarantine of diseased preserve whitetail that threaten the health of animal populations.” Yet the next subsection, 4840.12(2), states…
2Cases cited5 opinions
- Renda v. Iowa Civil Rights CommissionSupreme Court of Iowa · 2010
- Iowa Individual Health Benefit Reinsurance Association v. State University of Iowa, Iowa State University of Science and Technology, and University of Northern IowaSupreme Court of Iowa · 2016
- Shinrone Farms, Inc. v. GoschSupreme Court of Iowa · 1982
- In the Matter of the Estate of Joseph C. Gantner III, Rachel GantnerSupreme Court of Iowa · 2017
- Johansson v. Board of Animal HealthDistrict Court, D. Minnesota · 1985