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Case No. 18-1184

Iowa Utilities Board, et al

The petitioners appeal from the district court’s ruling on judicial review affirming the Iowa Utilities Board’s (IUB) declaratory order, which determined a certificate of public convenience, use and necessity was not required before construction of a wind energy project in Palo Alto County. The petitioners argue the district court should not have deferred to the IUB’s interpretation of the statutory terms at issue in this case. The petitioners contend the term “facility,” as defined in Iowa Code section 476A.1(5), is the entire wind energy project, not a single gathering line. The petitioners further claim the IUB’s declaratory order was arbitrary, capricious, unreasonable, and an erroneous interpretation of the law.

Palo Alto
Trial Court Case No.:




Iowa Utilities Board, et al

Attorneys for the Appellant

Wallace L. Taylor
John M. Murray

Attorneys for the Appellee

Emily Willits
Cecil I. Wright II

Bret A. Dublinske
Brant M. Leonard

Sheila K. Tipton
Haley R. Van Loon
Peter C. Hart

Supreme Court

Oral Argument Schedule


Apr 02, 2019 7:00 PM Boman Fine Arts Center 225 John K Hanson Drive Forest City, IA 50436


Supreme Court Opinion

Opinion Number:
Date Published:
May 03, 2019

Other Information

Date Retained:
Nov 29, 2018

View archived opinions from prior to November 2017

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