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State of Iowa, ex rel. Iowa Department of Transportation
v.
Honey Creek Drainage District No. 6 Board of Trustees, Robert D. Hansen, Mason J. Hansen, and Richard J. Hansen in their capacities as members of the Board of Trustees of Honey Creek Drainage District No. 6, Pigeon Creek Drainage District No. 2 et. al.

Honey Creek Drainage District No. 6 Board of Trustees . . . Pigeon Creek Drainage District No. 2 Subdrainage District No.3 Board of Trustees . . ., and Board of Supervisors of Pottawattamie County . . . (defendants) appeal the grant of summary judgment to the State of Iowa ex rel. Iowa Department of Transportation. They argue: (1) the district court erred in ruling that Iowa Code section 307.45 applies to DD2’s and DD6’s reclassification reports because under the rule of expressio unius est exclusio alterius, section 307.45 only applies to cities and counties; (2) the district court erred in failing to rule that section 468.38 – 468.50 are special statutes that take precedence over section 307.45, which is a general statute; (3) the district court erred in granting summary judgment because the reclassification report is presumed to be correct and IDOT did not produce its own proposed reclassification report; (4) the district court does not have subject matter jurisdiction to consider whether section 307.45 is applicable because under section 468, the IDOT’s exclusive remedy is to appeal under sections 468.83, 84, and 86; and (5) the district court erred in ruling that DD2 and DD6, which are under the management and control of trustees, are a subdivision of the county under section 307.45. The State cross-appeals arguing that the district court erred in concluding the State was not entitled to summary judgment where it is undisputed the reclassifications were based upon an assessment of alleged benefits to motorists on state-owned highway property rather than benefits to the actual property or its owner.

County:

Pottawattamie

Trial Court Case No.:

EQCV123895

Appellee

State of Iowa, ex rel. Iowa Department of Transportation

Appellant

Honey Creek Drainage District No. 6 Board of Trustees, Robert D. Hansen, Mason J. Hansen, and Richard J. Hansen in their capacities as members of the Board of Trustees of Honey Creek Drainage District No. 6, Pigeon Creek Drainage District No. 2 et. al.