Legal Opinion

Clarke County Reservoir Commission v. Linda Sue Abbott

Supreme Court of Iowa

Decided April 10, 2015No. 14–0774PublishedCited by 35 opinions

1Opinion of the Court

WATERMAN, Justice.

This appeal presents two interrelated questions of first impression. The first question is whether a joint public-private commission organized under Iowa Code chapter 28E (2013) may exercise eminent domain powers. The second question is whether a declaratory judgment of public use under Iowa Code section 6A.24(2) obtained by such an entity may be affirmed on mootness grounds after the private members withdrew from the commission during the appeal. In this case, the Clarke County Reservoir Commission (the Commission) filed a declaratory judgment action seeking a ruling that…

2Cases cited26 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. Kelo v. City of New LondonSupreme Court of the United States · 2005
  3. Department of Transportation v. Association of American RailroadsSupreme Court of the United States · 2015
  4. Soults Farms, Inc. v. Charles J. Schafer v. Soults Farms, Inc.Supreme Court of Iowa · 2011
  5. Wilson v. Iowa CitySupreme Court of Iowa · 1969

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3Cited by35 opinions

  1. Keith Puntenney, Laverne I. Johnson, Richard R. Lamb, Marian D. Johnson, Northwest Iowa Landowners Association, Iowa Farmland Owners Association, Inc., and the Sierra Club Iowa Chapter v. Iowa Utilities Board, and Office of Consumer Advocate and The Main Coalition, and Dakota Access, LLCSupreme Court of Iowa · 2019
  2. In the Interest of J.C., Minor Child J.C., Minor ChildSupreme Court of Iowa · 2016
  3. STROM TRUST v. SCS CARBON TRANSPORT, LLCSouth Dakota Supreme Court · 2024
  4. City of Eagle Grove v. Cahalan Investments, LLCSupreme Court of Iowa · 2017
  5. Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015

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