Legal Opinion

Iowa Department of Transportation v. Iowa District Court for Buchanan County

Supreme Court of Iowa

Decided December 23, 1998No. 97-2100PublishedCited by 15 opinions

1Opinion of the Court

TERNUS, Justice.

The Iowa Department of Transportation (DOT) filed a petition for writ of certiorari, challenging the district court’s order restoring Edward Kayser’s eligibility for a driver’s license. The DOT claims the court acted illegally because the statute authorizing the court’s action, Iowa Code section 321J.4(3)(b) (1995), had been repealed prior to the court’s order. We conclude the district court lacked authority to restore Kayser’s license eligibility. Therefore, we sustain the writ.

I. Background Facts and Proceedings.

The defendant in the underlying criminal case, Edward Kayser,…

2Cases cited8 opinions

  1. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  2. Gerst v. MarshallSupreme Court of Iowa · 1996
  3. Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
  4. Thorp v. Casey's General Stores, Inc.Supreme Court of Iowa · 1989
  5. Iowa Department of Social Services v. ReddSupreme Court of Iowa · 1977

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3Cited by15 opinions

  1. State v. StoenSupreme Court of Iowa · 1999
  2. State v. FlamSupreme Court of Iowa · 1998
  3. Iowa Department of Transportation v. Iowa District Court for Scott CountySupreme Court of Iowa · 1998
  4. Wieslander v. Iowa Department of TransportationSupreme Court of Iowa · 1999
  5. State v. KotlersSupreme Court of Iowa · 1999

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