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Case No. 17-1489

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.

County:
Polk
Trial Court Case No.:
CVCV050995

Appellees

Reuven Weizberg, David Peter Veng-Pedersen, Jacob Patrick Dagel, Appellees

Appellant

City of Des Moines, Iowa, Appellant, and Gatso USA, Inc., Appellee.

Attorneys for Appellees

James C. Larew for Weizberg, et al.
Paul D. Burns, Laura M. Hyer for Gatso USA, Inc.

Attorneys for 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:
17-1489
Date Published:
Aug 31, 2018
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/

Date Amended:
Apr 26, 2019
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