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Case No. 17-1745

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:
Jan 09, 2019

            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.

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