Dunham v. Clayton

4 Citing cases

  1. Dolan v. Civil Service Comm. of Davenport

    634 N.W.2d 657 (Iowa 2001)   Cited 21 times
    Finding a firefighter's violation of the law and departmental rules constituted misconduct under section 400.19

    Thus, a statute providing for a "trial de novo" in the district court contemplates a trial in the general meaning of the term, not merely a review of the agency proceeding. Mason, 243 Iowa at 345, 51 N.W.2d at 435; see Dunham v. Clayton, 470 N.W.2d 362, 367 (Iowa Ct. App. 1991). A trial de novo would also normally permit the district court to select the same remedies that were available before the commission.

  2. Marcus News, Inc. v. O'Brien Cnty. Bd. of Supervisors

    935 N.W.2d 707 (Iowa 2019)

    However, in Dunham v. Clayton County , the court of appeals held that while Ashton may have been good law at the time it was decided, the relevant Code section has been amended to provide for appeals to be "triable de novo as an equitable action." 470 N.W.2d 362, 366 (Iowa Ct. App. 1991) (quoting Iowa Code § 349.13 (1985)). The court of appeals concluded that "trial de novo" in the amended statute was more expansive than "review de novo" and permitted new evidence and new theories to be presented to the district court.

  3. In re Establishment of What's Happening's Tri-City Voice

    No. A124667 (Cal. Ct. App. Mar. 24, 2011)

    Again, the trial court was correct. BANG refers to Dunham v. Clayton (Iowa Ct.App. 1991) 470 N.W.2d 362, 365–366 (Dunham), in which the court held that a recipient of a “business gift subscription” (purchased and given away by a local bank) was not a “bona fide subscriber” under the governing Iowa statute, unless the recipient made an “affirmative assent” to the subscription; a “mere failure to cancel” the subscription was not enough. Here, there is no evidence of affirmative assent by the individual group members to receive the Voice.

  4. In re Eureka Reporter

    165 Cal.App.4th 891 (Cal. Ct. App. 2008)   Cited 9 times
    Turning to the "plain and commonsense meaning" of a term not defined in the statute

    ) Whether individuals who donate money to a free newspaper are more likely to read that newspaper is not the appropriate inquiry. Pollace urges us to adopt the reasoning from Dunham v. Clayton (Iowa Ct.App. 1991) 470 N.W.2d 362, 365 ( Dunham). There, the trial court designated The Brooklyn Paper as the "official newspaper" for Poweshiek County because it had the most subscriptions.