Reuven Weizberg, David Peter Veng-Pedersen, Jacob Patrick Dagel, Appellees
v.
City of Des Moines, Iowa, Appellant, and Gatso USA, Inc., Appellee.
The City of Des Moines appeals from a summary judgment in favor of plaintiffs on a class-action claim that the City violated class members’ procedural due process rights in its manner of prosecuting speeding violations using automated traffic enforcement (ATE) cameras. The City contends the court erred in finding it had violated due process principles by providing an administrative hearing process in addition to district court proceedings as a means of challenging ATE-based speeding citations. Plaintiffs cross-appeal, contending the district court erred by: (1) dismissing their claim for unjust enrichment against defendant Gatso, Inc., the company operating the ATE equipment; (2) defining the class too narrowly; (3) holding the City’s ATE ordinance was not preempted; (4) rejecting their claim that the City has unconstitutionally delegated its police power to Gatso; (5) rejecting their claims that the City’s ordinance violated plaintiffs’ equal protection, privileges and immunities, and substantive due process rights; and (6) holding the Iowa Constitution does not create a private cause of action.
Appellee
Reuven Weizberg, David Peter Veng-Pedersen, Jacob Patrick Dagel, Appellees
Appellant
City of Des Moines, Iowa, Appellant, and Gatso USA, Inc., Appellee.
Attorneys for the Appellee
James C. Larew for Weizberg, et al.
Paul D. Burns, Laura M. Hyer for Gatso USA, Inc.
Attorney for the Appellant
Michelle Mackel-Wiederanders for City of Des Moines
Supreme Court
Oral Argument Schedule
15-15-5
Aug 09, 2018 9:00 AM
Supreme Court Opinion
Opinion Number:
Date Published:
Summary
Reuven et. al v. City of Des Moines, et. al case number 17-1489 is held over for additional briefing and resubmission. https://www.iowacourts.gov/iowa-courts/supreme-court/orders/