Wright v. State Bd. of Engineering Examiners

16 Citing cases

  1. Salsbury Laboratories v. Iowa Department of Environmental Quality

    276 N.W.2d 830 (Iowa 1979)   Cited 69 times
    Holding that “where an attack is made on the validity of an agency's enabling statute, an administrative remedy ordinarily is inadequate” because “[a]gencies cannot decide issues of statutory validity”; if the constitutional issue does not need to be examined in a particular factual context, the administrative remedy is “inadequate”

    243 N.W.2d at 900. In Wright v. State Board of Engineering Examiners, 250 N.W.2d 412 (Iowa 1977), the court found it necessary to note the case was pre-Iowa Administrative Procedure Act after holding alleged illegality in the board's adjudication of a practitioner's misconduct "must be tested against principles governing ordinary certiorari proceedings." 250 N.W.2d at 416.

  2. Briggs v. Sterner

    529 F. Supp. 1155 (S.D. Iowa 1981)   Cited 27 times
    Holding officers and directors of non-defendant bankrupt corporation may be liable as controlling persons under § 20 and § 15

    The statutory language itself supports plaintiffs' position, in that the phrase "pension and profit sharing trust" is coupled with the words "or other financial institution or institutional buyer." Applying the well-recognized principle of noscitur a sociis, which permits the meaning of a particular word to be ascertained in light of those with which it is associated, Wright v. State Board of Engineering Examiners, 250 N.W.2d 412, 413 (Iowa 1977), the Court believes that the legislature intended to exempt only those experienced institutional investors who do not require the safeguards afforded by registration. Such an interpretation is consistent with the Iowa Supreme Court's statement that any ambiguous language contained in the blue sky laws must be construed to effectuate the primary purpose of such laws, which is to protect the public from deceit perpetrated in the sale of securities.

  3. Teig v. Chavez

    No. 23-0833 (Iowa Jun. 7, 2024)

    See Wright v. State Bd. of Eng'g Exam'rs, 250 N.W.2d 412, 413 (Iowa 1977) ("[T]he meaning of a word is ascertained in the light of the meaning of words with which it is associated."). Given this shift in language, we agree with the district court that "consulting or contractual relationship" refers to consultants and contractors, whose relationship with governmental bodies is different than the compensation arrangements extended to government employees.

  4. Mall Real Estate, L.L.C. v. City of Hamburg

    818 N.W.2d 190 (Iowa 2012)   Cited 27 times
    Holding that Iowa Code Chapter 728 applies to live nude dancing and that “ § 728.11 “restrict governmental subdivisions from enacting any local ordinance regulating conduct covered in ... chapter 728,” and noting that the “plain language of section 728.11 also creates an exception for a local government's zoning authority, not for its licensing or permitting authority”

    However, we cannot apply this canon if its application thwarts legislative intent or makes the general words meaningless. 2A Norman J. Singer & J.D. Shambie Singer, Statutes and Statutory Construction § 47:16, at 355 (7th ed. 2007); accord Wright v. State Bd. of Eng'g Exam'rs, 250 N.W.2d 412, 414 (Iowa 1977). For several reasons, we believe this is one of those occasions when the canon is not applicable.

  5. State v. Iowa Dist. Ct. for Warren County

    634 N.W.2d 619 (Iowa 2001)

    Support for our conclusion is gained from the application of two settled rules of statutory interpretation. These are the rule of noscitur a sociis, which provides that the meaning of words in a statute are to be ascertained in light of the meaning of the words with which they are associated, Wright v. State Bd. of Eng'g Exam'rs, 250 N.W.2d 412, 413 (Iowa 1977), and the rule of ejusdem generis, which states that general words that follow specific words are tied to the meaning and purpose of the specific word. Iowa Comprehensive Petroleum Underground Storage Tank Fund Bd. v. Shell Oil Co., 606 N.W.2d 376, 380 (Iowa 2000). For the reasons stated, we conclude that the court of appeals was correct in upholding the authority of the district court to reconsider Avon's sentence.

  6. State v. Rodgers

    560 N.W.2d 585 (Iowa 1997)   Cited 13 times
    Holding that "[u]nder the general indeterminate sentencing statute, a sentencing judge must impose an indeterminate sentence for the full statutory maximum"

    Because the legislature granted the trial court a spectrum of discretion in setting the amount of the enhanced fine, we conclude that it intended the same result for the term-of-confinement enhancement appearing in the same Code section. See Wright v. State Bd. of Eng'g Exam'rs, 250 N.W.2d 412, 413 (Iowa 1977) (stating that "the meaning of a word is ascertained in the light of the meaning of the words with which it is associated"). We find further support for our conclusion in the Uniform Controlled Substances Act, the source for Code chapter 124.

  7. State v. Weiss

    528 N.W.2d 519 (Iowa 1995)   Cited 7 times
    Concluding the legislature "obviously intended to prohibit a sex act performed upon an unconscious person—unconscious by whatever means, including a drug-induced sleep"

    A meaning of a word can be ascertained by its context. See Wright v. State Bd. of Eng'g Examiners, 250 N.W.2d 412, 413 (Iowa 1977). With these principles in mind, we think Weiss unnaturally isolates "under the influence of a drug inducing sleep" from the remainder of the phrase in section 709.1(1), "or is otherwise unconscious."

  8. Kibbee v. State Farm Fire and Cas. Co.

    525 N.W.2d 866 (Iowa 1994)   Cited 28 times
    Stating we strive to give each word a meaning that does not render it superfluous

    In interpreting statutes, we figure out the meaning of words in part by reference to associated language. Wright v. State Bd. of Eng'g Examiners, 250 N.W.2d 412, 413 (Iowa 1977); State v. Bauer, 236 Iowa 1020, 1022, 20 N.W.2d 431, 432 (1945); 2A Norman J. Singer, Sutherland Statutory Construction §§ 47.16, 47.26 (5th ed. 1992). We apply similar principles in interpreting this insurance contract.

  9. State v. Kipf

    234 Neb. 227 (Neb. 1990)   Cited 53 times
    Concluding provision that “[t]he use of indecent, lewd, or obscene language or the making of a threat or lewd suggestion shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy, or offend[]” resulted in “a mandatory and conclusive presumption of criminal intent, that is, factual establishment of the telephone call with its statutorily prohibited conduct necessarily (‘shall') results in the conclusively established criminal intent of the caller[]”

    Schreiber v. Burlington Northern, Inc., 472 U.S. 1, 105 S.Ct. 2458, 86 L.Ed.2d 1 (1985); Third National Bank v. Impac Limited, Inc., 432 U.S. 312, 97 S.Ct. 2307, 53 L.Ed.2d 368 (1977). See Wright v. State Bd. of Engineering Examiners, 250 N.W.2d 412 (Iowa 1977). Each of the words in the phrase "indecent, lewd, lascivious, or obscene," found in the first prohibition of 28-1310(1)(b), has sexual connotations. Included in the common, everyday meaning of "indecent" is that which tends to be obscene and which is morally indelicate.

  10. U.S. Jaycees v. Iowa Civil Rights Com'n

    427 N.W.2d 450 (Iowa 1988)   Cited 9 times

    Iowa Code § 601A.2(10) (1981). Balanced against these linguistic additions, however, is the doctrine of noscitur a sociis, which provides that the meanings of statutory terms are ascertained in light of the meaning of words with which they are associated. See, e.g., Wright v. State Bd. of Eng'g Examiners, 250 N.W.2d 412, 413-14 (Iowa 1977). In addition, we construe nontechnical words consistent with approved usage.