Derek O. Cornette
v.
The City of Davenport, Michael Matson, Mayor of the City of Davenport, Iowa and The City Council of the City of Davenport
Appellee
Derek O. Cornette
Appellant
The City of Davenport, Michael Matson, Mayor of the City of Davenport, Iowa and The City Council of the City of Davenport
Attorney for the Appellee
Michael J. Meloy
Attorney for the Appellant
Richard A. Davidson and Brett R. Marshall
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Considered by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. Partial Dissent by Buller, J. (11 pages)
The City of Davenport, its mayor, and its city council appeal an order sustaining a writ of certiorari declaring that the city council acted illegally by removing Derek Cornette from his office as a city alderman in a proceeding under Iowa Code section 66.29 (2023) and issuing an injunction reinstating Cornette to his office. OPINION HOLDS: Because Cornette’s term in office ended while this appeal was pending—and he was not reelected to another term—this certiorari proceeding seeking reinstatement to that office is moot. So we reverse the district court’s ruling sustaining the writ of certiorari and reinstating Cornette and remand to the district court with directions to dismiss this case with prejudice. DISSENT IN PART ASSERTS: Because I would find the appeal moot but not reverse the district court ruling, I dissent in part.
