J. Thomas Zaber, On Behalf Of Himself And All Others Similarly Situated Vs. City Of Dubuque, Iowa

TERNUS, Chief Justice.

The appellant, J. Thomas Zaber, appeals the district court’s dismissal by summary judgment of his claim for a refund of cable television franchise fees imposed by the appellee, City of Dubuque, in excess of the city’s cost of regulation. The district court ruled Iowa Code section 477A.7(5) (Supp. 2007) retroactively authorized these fees, rejecting the plaintiffs contention section 477A.7(5) violated his due process rights. We affirm the district court’s judgment in favor of the city.

I. Scope of Review.

Because this appeal arises from a ruling on a motion for summary…