City of Des Moines, et al.
v.
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.
Appellant
City of Des Moines, et al.
Appellee
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
15-15-5
Apr 10, 2018 1:30 PM
