Shearer v. Perry Community School District

I respectfully dissent from divisions I and II of the majority opinion.

I. Following Lunday v. Vogelmann, 213 N.W.2d 904 (Iowa 1973), the majority turns back plaintiffs’ constitutional assault on § 613A.5, The Code, as violating the equal protection clause, Amendment 14, United *695States Constitution. My convictions remain as expressed in the Lunday dissent, 213 N.W.2d 908 — 912. It should be added parenthetically the facts in this appeal place it among those analyzed in that dissent which belie the obsolete rationalizations employed to justify the constitutionality of § 613A.5, including the…