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Case No. 17-0686

City of Des Moines, et al.
Iowa DOT

Appellant Cities appeal from a district court ruling in their consolidated cases that affirmed on judicial review decisions by the Iowa Department of Transportation (IDOT) requiring that the Cities remove automated traffic enforcement (ATE) equipment from certain locations within each city. The Cities contend: (1) the IDOT’s adoption and enforcement of rules regulating the ATE equipment violated the cities’ home rule powers; (2) the legislature did not give IDOT the authority to regulate the methods by which cities enforce speed regulations within their own jurisdictions; (3) the district court erred in determining that IDOT did not violate Iowa Code chapter 17A; and (4) the agency’s adoption of a 1,000-foot rule for placement of ATE devices failed to comply with the rulemaking requirements and is therefore invalid.

Trial Court Case No.:


City of Des Moines, et al.


Iowa DOT

Attorney for the Appellant

Elizabeth D. Jacobi and James H. Flitz, Cedar Rapids, Michelle R. Mackel-Wiederanders and Carol J. Moser, Des Moines, Matthew S. Brick, Erin M. Clanton, and Douglas A. Fulton, West Des Moines

Attorney for the Appellee

Thomas J. Miller, Attorney General, David S. Gorham, Special Assistant Attorney General, and Richard E. Mull, Assistant Attorney General

Supreme Court

Oral Argument Schedule


Apr 10, 2018 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 27, 2018
Date Amended:
Jul 09, 2018

View archived opinions from prior to November 2017

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