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Case No. 22-0536

Francis Livingood, Christoper Maury, and Daniel Robbins
v.
City of Des Moines, Iowa

Plaintiffs appeal a district court ruling granting defendant city a summary judgment in plaintiffs’ action for declaratory and injunctive relief concerning the city’s use of the income offset program to collect fines for traffic citations issued pursuant to the city’s automated traffic enforcement (ATE) ordinance. Plaintiffs contend the court erred: (1) by concluding the city’s use of the offset program was not preempted by Iowa Code sections 364.22(7) and 364.22(10); (2) in determining the collection of ATE fines years after the alleged infraction through the offset program did not violate the statute of limitations in Iowa Code section 614.1(1); (3) in finding the collection of alleged ATE debts using the offset program without first obtaining a judgment did not violate due process; (4) in not finding the city’s use of the offset program constituted an unlawful taking; and (5) in finding the city was not unjustly enriched by the ordinance.

County:
Polk
Trial Court Case No.:
CVCV053512

Appellant

Francis Livingood, Christoper Maury, and Daniel Robbins

Appellee

City of Des Moines, Iowa

Attorneys for the Appellant

James C. Larew
Claire M. Diallo

Attorneys for the Appellee

Michelle Mackel-Wiederanders
Luke DeSmet

Supreme Court

Oral Argument Schedule

15-15-5

Feb 22, 2023 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
22-0536
Date Published:
Jun 09, 2023
Date Amended:
Aug 16, 2023

Other Information

Date Retained:
Sep 27, 2022

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