Matter of Bishop

13 Citing cases

  1. Des Moines Indep. Cmty. Sch. Dist. v. Babe

    No. 16-0258 (Iowa Ct. App. Feb. 8, 2017)

    Discussion. As noted in In re Bishop, 346 N.W.2d 500, 503 (Iowa 1984), chapter 279 of the Iowa Code governs teacher terminations and other matters. If a teacher is dissatisfied with the board's decision, the teacher may appeal to an adjudicator.

  2. Christiansen v. West Branch Community School District

    No. 10-CV-131-LRR (N.D. Iowa Mar. 28, 2011)   Cited 1 times

    Iowa courts interpreting the revised version of Iowa Code Chapter 279 have indicated that the sole remedy for teachers contesting the termination of an employment contract is to pursue the procedures set forth in the relevant statutes. See Walthart v. Bd. of Dir. of Edgewood-Colesburg Cmty. Sch. Dist., 667 N.W.2d 873, 878 (Iowa 2003); Bishop v. E. Allamakee Cmty. Sch. Dist. (In re Bishop), 346 N.W.2d 500, 503-04 (Iowa 1984); Wollenzien v. Bd. of Educ. of the Manson Cnty. Sch. Dist., 297 N.W.2d 215, 217-18 (Iowa 1980). The Iowa Supreme Court addressed this issue in Wollenzien, 297 N.W.2d at 216-18.

  3. Knowles v. Iowa Dept. of Transp

    394 N.W.2d 342 (Iowa 1986)   Cited 3 times

    Because no suspect class or fundamental right is involved here, we apply the traditional rational basis test. See Bishop v. Eastern Allamakee Community School District, 346 N.W.2d 500, 505 (Iowa 1984); Stracke, 841 N.W.2d at 733. State statutes are clothed with a presumption of constitutionality.

  4. Kent v. Polk County Bd. of Sup'rs

    391 N.W.2d 220 (Iowa 1986)   Cited 11 times
    Holding that county ordinance prohibiting persons from owning "dangerous and vicious animals" is valid exercise of police power and does not amount to a taking of private property

    Under the rational basis test, a legislative classification is upheld if any conceivable state of facts reasonably justify it. Bishop v. Eastern Allamakee Community School District, 346 N.W.2d 500, 505 (Iowa 1984) (citation omitted). Kent failed to meet this heavy burden.

  5. Darrow v. Quaker Oats Co.

    570 N.W.2d 649 (Iowa 1997)   Cited 5 times

    The statute of limitation reasonably confines claims to a fixed, but adequate, duration. See Bishop v. Eastern Allamakee Community Sch. Dist., 346 N.W.2d 500, 506-07 (Iowa 1984) (recognizing state's right to enact reasonable procedural requirements for commencement of litigation). No procedural deprivation of constitutional magnitude has been shown.

  6. Burnham v. City of West Des Moines

    568 N.W.2d 808 (Iowa 1997)   Cited 13 times
    Holding no substantial compliance with statute requiring that sheriff be given notice of appeal of compensation commission's decision because purpose of statute was not accomplished where sheriff was given no notice of any kind

    That leaves only the question whether Burnham substantially complied with the statutory requirement that the sheriff be given notice of the appeal. Substantial compliance exists when the action taken, although not literally satisfying the statutory requirement, nevertheless fulfills the minimal objectives of the statute. Superior/Ideal, Inc. v. Board of Review, 419 N.W.2d 405, 407 (Iowa 1988); In re Bishop, 346 N.W.2d 500, 504 (Iowa 1984). The obvious purpose of giving notice of an appeal is to inform the person entitled to notice that an appeal has been taken.

  7. Frunzar v. Allied Property and Cas. Ins. Co.

    548 N.W.2d 880 (Iowa 1996)   Cited 23 times

    Allied has failed to show that similarly situated litigants are not being treated equally under Iowa Code section 535.3, and has failed to show that Iowa Code section 535.3 is patently arbitrary and bears no rational relationship to a legitimate governmental interest. See In re Matter of Bishop, 346 N.W.2d 500, 505 (Iowa 1984). Therefore, Allied's equal protection claim must fail.

  8. West Des Moines State Bank v. Mills

    482 N.W.2d 432 (Iowa 1992)   Cited 9 times
    In West Des Moines State Bank v. Mills, 482 N.W.2d 432, 433-34 (Iowa 1992), the Iowa Supreme Court held sec. 561.22 applied only to agricultural land. It did not apply to defendants who took out a commercial loan encumbered by a mortgage on non-agricultural property.

    To prevail on this challenge the Mills would have to prove that no conceivable state of facts could justify the statute. In re Bishop, 346 N.W.2d 500, 505 (Iowa 1984). This they cannot do.

  9. Thomas v. Fellows

    456 N.W.2d 170 (Iowa 1990)   Cited 17 times
    Holding statute requiring disclosure of expert witness in medical malpractice case did not violate plaintiffs’ equal protection rights on ground that it abridged access to the courts, noting "the problems surrounding medical liability, liability insurance, and the attendant availability and cost of medical services to the pubic are ... rational reasons for the enactment"

    The legislature may classify litigants and adopt certain procedures for one class and different procedures for other classes, so long as the classification is reasonable. All that is required is that similarly situated litigants be treated equally.Bishop v. Eastern Allamakee Community School Dist., 346 N.W.2d 500, 505 (Iowa 1984) (citations omitted). The plaintiffs in this case claim that section 668.11 cannot withstand equal protection scrutiny, even under a rational basis analysis, because it bears no rational relationship to a legitimate state interest.

  10. Federal Land Bank of Omaha v. Arnold

    426 N.W.2d 153 (Iowa 1988)   Cited 24 times
    Holding discrimination in redemption periods violated the equal protection clause where class membership did not correlate with purported class distinctions drawn by legislature

    To overcome the presumption of legislative constitutionality, FLB must prove that no conceivable state of facts could justify the class distinction drawn by the statute. In re Bishop, 346 N.W.2d 500, 505 (Iowa 1984). This deferential scrutiny is particularly appropriate where, as here, the state is exercising its police power in the realm of economic policy and regulation. New Orleans v. Dukes, 472 U.S. at 303, 96 S.Ct. at 2516, 49 L.Ed.2d at 517.