Iowa Telephone Ass'n v. City of Hawarden

TERNUS, Justice.

Appellee, the City of Hawarden, intends to provide land-line local telephone service to customers located within and outside of its municipal corporate limits. Appellant, Iowa Telephone Association (ITA), sought a declaratory ruling that the City was prohibited by statute from providing such service. See Iowa Code §§ 23A.2 (prohibiting government competition with private enterprise with certain exceptions), 384.81 (requiring cities that operate a city utility to do so in accordance with the provisions of the city code of Iowa) (1995). The City’s motion to dismiss ITA’s…