Administrative Law

Relevant Cases

BrownWinick attorney Douglas Gross received favorable ruling in a judicial review action for clients Tom and Rhonda Brakke and their company McBra, Inc. The Iowa Department of Natural Resources attempted to put an “Emergency Order” in place requiring the Brakkes to maintain a fence and to allow DNR officials on their property months after the Brakkes had completed an agreement to depopulate their hunting preserve located in Davis County, Iowa.  At the time of the Emergency Order, the Brakkes had withdrawn their registration as a hunting preserve. The Brakkes alleged that the DNR did not have jurisdiction to issue the Emergency Order.  After a multi-day contested case hearing, Administrative Law Judge Heather Palmer agreed with the Brakkes and held that DNR did not have jurisdiction.  The Natural Resource Commission reversed the Administrative Law Judge’s opinion, and the Brakkes then appealed to District Court in Polk County. Hon. Dennis J. Stovall agreed with the Administrative Law Judge’s opinion and held that DNR did not have jurisdiction to enter the Emergency Order. DNR has filed an appeal to the Iowa Supreme Court. Upon filing the appeal, DNR also requested a stay and asked that the Brakkes be required to comply with the Emergency Order despite the Court’s ruling that it had no jurisdiction. The District Court denied DNR’s Motion for Stay.

BrownWinick attorneys successfully defended the award of a Certificate of Need to St. Luke’s Hospital in Cedar Rapids. St. Luke’s received a Certificate of Need in April, 2014 for a linear accelerator and a computed tomography scanner, which will allow St. Luke’s to provide radiation therapy to cancer patients. Radiation therapy had previously only been able to be offered at Mercy Hospital in Cedar Rapids, who vigorously objected to St. Luke’s application. Mercy appealed the issuance of the Certificate of Need to Polk County District Court. After briefing and oral arguments, Judge Rebecca Goodgame Ebinger upheld the Iowa State Health Facilities Council’s award of the Certificate of Need to St. Luke’s.

*Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.