History
  • No items yet
midpage
834 N.W.2d 1
Iowa
2013
Read the full case

Background

  • Open Meetings Act claim against City of Postville, Meyer, and a regional planning commission and members.
  • Commission serves five counties; twenty-four members with some full-time salaries and mileage reimbursements.
  • September 23, 2010 secret ballot vote to purchase Decorah property; after concerns, votes were reaffirmed by written ballots and minutes updated.
  • City alleged numerous IOMA violations across 1999–2010, including improper notices and publication failures; counts included main vote, notices, and annual publication.
  • District court granted summary judgment: immunity for individual members, reasonable notices, and newspaper publication; remanded on notice issue.
  • This court affirms immunity, reverses on reasonableness of notice (genuine issue of material fact), and affirms newspaper publication finding; remands to determine attorney fees on appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Immunity of volunteers under 28H.4(2) City urged volunteers not immune for IOMA damages. Commission argued 28H.4(2) immunizes volunteers. Immunity affirmed for individual members; no genuine issue of intentional misconduct or knowing violation.
Reasonableness of meeting notices under 21.4(1) Notices in hallway not reasonably accessible. Notions of reasonableness satisfied. Genuine issue of material fact; remand to district court for further proceedings.
Publication in a newspaper of general circulation (28E.6(3)(a)) Register not general circulation in five-county area. Register serves same area; publication meets statute. Publication in Oelwein Daily Register constitutes newspaper of general circulation; summary judgment affirmed.

Key Cases Cited

  • Woodruff Constr. Co. v. Mains, 406 N.W.2d 787 (Iowa 1987) (intentional misconduct vs. reckless disregard in immunity analysis)
  • Burak v. Ditson, 209 Iowa 926 (Iowa 1930) (newspaper suffices if it serves general area and provides notice)
  • KCOB/KLVN, Inc. v. Jasper Cnty. Bd. of Supervisors, 473 N.W.2d 171 (Iowa 1991) (substantial compliance with notice requirements)
  • Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970) (transparency objectives of open meetings law)
  • City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006) (limits of immunity scope for volunteers)
  • State v. Wiederien, 709 N.W.2d 538 (Iowa 2006) (statutory interpretation in open meetings context)
Read the full case

Case Details

Case Name: City of Postville, Iowa and Jason Meyer v. Upper Explorerland Regional Planning Commission, Martin Brennan, Kathy Campbell, Ray Whalen, Leon Griebenow, Andrew Wenthe, Karla Organist, Warren Steffen, Michael Kenedy, Janet McGovern, Dean Darling, Les Askelson, and Randy Uhl
Court Name: Supreme Court of Iowa
Date Published: Jun 7, 2013
Citations: 834 N.W.2d 1; 2013 Iowa Sup. LEXIS 70; 2013 WL 2450154; 12–1002
Docket Number: 12–1002
Court Abbreviation: Iowa
Log In
    City of Postville, Iowa and Jason Meyer v. Upper Explorerland Regional Planning Commission, Martin Brennan, Kathy Campbell, Ray Whalen, Leon Griebenow, Andrew Wenthe, Karla Organist, Warren Steffen, Michael Kenedy, Janet McGovern, Dean Darling, Les Askelson, and Randy Uhl, 834 N.W.2d 1