Jones v. Iowa State Highway Commission Ex Rel. State

LeGRAND, Justice.

Plaintiffs ask us to reverse an order sustaining defendant’s motion to dismiss their action brought under the State Tort Claims Act (Chapter 25A, The Code, 1971). We affirm the trial court.

Plaintiffs’ petition is in two counts and seeks recovery against the state for tor-tious conduct of its agents in attempting to wrongfully evict plaintiffs from their home. It is alleged the conduct was “an abuse of process and an abuse of a summary remedy by the State of Iowa and the Iowa Highway Commission, and same were done willfully, illegally, and improperly.”

The motion to dismiss…