Krapf v. Rastetter
Gerhild Krapf, Plaintiff-Appellant
Bruce Rastetter, Katie Mulholland, Milt Dakovich, Larry McKibben, Mary Andringa, and Board of Regents of the State of Iowa, Defendants-Appellees
Attorney for Appellant
Gary Dickey
Attorney for Appellees Bruce Rastetter, Katie Mulholland, and Mary Andringa
Richard J. Sapp and Leslie C. Behaunek
Attorney for Appellees Milt Dakovich, Larry McKibben, and Board of Regents
George A. Carroll, Assistant Attorney General
Amici Curiae Iowa Association of Municipal Utilities, Iowa League of Cities, Iowa State Association of Counties, and Iowa Association of School Boards
Ivan T. Webber and Maria E. Brownell
Amicus Curiae Iowa County Attorneys Association
Alan R. Ostergren
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge. AFFIRMED. Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. Special Concurrence by Vaitheswaran, J. (8 pages)
A plaintiff appeals the grant of summary judgment on her claim the Iowa Board of Regents and five of its members violated the Iowa Open Meetings Act (IOMA). OPINION HOLDS: There was no genuine issue of material fact, and no meeting within the meaning of the IOMA took place. Because no meeting took place, IOMA was not violated and the grant of summary judgment was correct. SPECIAL CONCURRENCE ASSERTS: In my view, the Iowa Supreme Court has recognized that serial submajority gatherings of public bodies may violate the Iowa Open Meetings Law. I agree, however, that the gatherings in this case did not violate the Iowa Open Meetings Law.
