Gacke Lives

By: Amy Johnson | 06.22.2018

The Iowa Supreme Court issued a unanimous opinion this morning reversing a Wapello County ruling that Iowa Code Section 657.11(2) was unconstitutional as applied to plaintiffs in a swine nuisance case.  The result being that for a court to determine that Iowa Code Section 657.11(2) is unconstitutional in its application to a specific plaintiff, a Read…

IDAHO CASE PROVIDES POSITIVE PRECEDENT FOR AG PROTECTION ACT

By: Amy Johnson | 01.12.2018

To Our Clients: The Iowa Legislature passed H.F. 589, “Agriculture Production Facility Fraud,” codified as Iowa Code section 717A.3A in 2012. This statute is commonly referred to as the ‘Ag-gag’ law or the Ag-Fraud law. The Ag-Fraud law in Iowa criminalizes: “a) obtaining access to an agricultural production facility by false pretenses; and b) making Read…

Iowa’s Big Win for Ag

By: Amy Johnson | 02.24.2017

In a 3-2 decision issued on January 27, 2017, Iowa’s Supreme Court refused to overturn long-standing precedent that drainage districts in Iowa are not susceptible to suit for money damages. The agricultural community in Iowa had been waiting on pins and needles for answers to four questions certified to the Iowa Supreme Court in a case Read…

Big Win for Ag in Iowa

By: Amy Johnson | 01.27.2017

The agricultural community in Iowa has been waiting on pins and needles for an answer to four questions certified to the Iowa Supreme Court in a case brought by the Des Moines Waterworks against the Sac, Calhoun and Buena Vista County Boards of Supervisors as trustees of their respective drainage districts.  In a 3-2 decision Read…