The Board's decisions may be appealed to court pursuant to state and federal law. This table shows the status of the existing court cases involving the Board. Updated 10-13-2011.
| Docket No. |
Caption |
Type |
Appeal Date |
Court of Appeal |
Current Status |
C-09-194
(S.Ct. 11-1184)
(CVCV008184) |
Office of Consumer Advocate v. Iowa Utilities Board |
Slamming/ Cramming Complaint |
04-28-10 |
Polk County |
Stay lifted 01-04-11. Decision reversing and remanding to Board issued 06-30-11. Notice of appeal filed 07-29-11. Board proof brief and designation of appendix due 09-30-11. |
DRU-2011-0001
(01311CVCV
057103) |
City of Dubuque v. Iowa Utilities Board |
Cable franchise |
05-02-11 |
Dubuque County |
Answer filed 05-20-11. Record filed 06-06-11. Hearing on motion for trial setting conference on 09-09-11. Awaiting decision regarding motion for trial. |
E-21948, E-21949,
E-21950, E-21951
(CVCV057317) |
Office of Consumer Advocate v. Iowa Utilities Board |
Electric franchise |
07-01-11 |
Polk County |
Answer filed 07-20-11. Record due 07-31-11. Board's motion to allow additional time to file record granted on 08-08-11. Motion granting transfer to Dubuque County District Court issued 09-23-11. Board motion to consolidate with CVCV057192 filed 10-06-11 |
E-21948, E-21949,
E-21950, E-21951
(CVCV057192) |
Office of Consumer Advocate v. Iowa Utilities Board |
Electric franchise |
06-30-11 |
Dubuque County |
Answer filed 07-20-11. Oral argument on stay and motion to transfer 09-01-11. Order Granting Stay and Denying Motion to Transfer issued 09-02-11. Agency record filed 09-08-11. Board motion to consolidate filed 10-06-11. |
FCU-06-40
(No. 09-859)
(S. Ct. 09-0427)
(CV-7107) |
Evercom Systems, Inc. v. Iowa Utilities Board |
Cramming violation |
04-11-08 |
Iowa Supreme Court
(Polk County) |
District Court order reversing Board decision issued 02-18-09. Court of Appeals decision reversing district court and affirming Board issued 02-10-10. Evercom's application for further review granted, without briefing or oral argument, 08-01-10; submitted 10-15-10; re-submitted 03-23-11. Awaiting decision. |
FCU-07-2
(N.D. C-09-4085) |
Great Lakes Communication Corporation and Superior Telephone Cooperative v. Iowa Utilities Board, Robert B. Berntsen, et. al, and Neustar, Inc. |
Traffic pumping |
11-03-09 |
U.S. District Court, Northern District of Iowa |
Temporary restraining order and motion for preliminary injunction vacated as moot 12-04-09. Status report with copy of order on rehearing filed 02-04-11. Order staying further proceedings pending outcome of Polk County No. CV7993 (below) issued 06-01-11. Status report due 12-01-11. |
FCU-07-2
(CV-7988) |
Reasnor Telephone Company, LLC, v. Iowa Utilities Board |
Traffic pumping |
12-04-09 |
Polk County |
Consolidated with CV7993 and CV8561, below. Record filed 04-08-11. Oral argument 06-24-11. Court order issued Affirming Board decision 10-13-2011. |
FCU-07-2
(CV-7993) |
The Farmers Telephone Company of Riceville, Iowa; The Farmers & Merchants Mutual Telephone Company of Wayland, Iowa; Interstate 35 Telephone Company, d/b/a Interstate Communications Company; Dixon Telephone Company; Reasnor Telephone Company, LLC v. Iowa Utilities Board |
Traffic pumping |
12-07-09 |
Polk County |
Consolidated with CV7988 and CV8561. See above. |
FCU-07-2
(CV-8561) |
Farmers Telephone Company of Riceville, Iowa; Farmers & Merchants Mutual Telephone company of Wayland, Iowa; Interstate 35 Telephone Company d/b/a Interstate Communications Company; and Dixon Telephone Company v. Iowa Utilities Board |
Access charges |
03-04-11 |
Polk County |
Consolidated with CV7988 and CV7993. See above. |
FCU-2010-0001
(CV-8368) |
Sprint Communications Company, L.P. v. Iowa Utilities Board |
VoIP traffic |
04-25-11 |
Polk County |
Answer filed 05-16-11. Record filed 05-23-11. Hearing on motion for stay continued pending ruling on motion for abstention in 11-CV-183, below. Status report filed 09-02-11. |
FCU-2010-0001
(11-CV-183) |
Sprint Communications Company, L.P. v. Iowa Utilities Board |
VoIP traffic |
04-25-11 |
U.S. District Court, Southern District of Iowa |
Board motion for abstention granted by order issued on 08-01-11. Appeal filed. |
RPU-09-3
(S. Ct. 10-2080)
(CV 8054) |
NextEra Energy Resources, LLC v. Iowa Utilities Board |
Wind energy |
01-13-10 |
Polk County |
Answer filed 02-02-10. Record filed 02-12-10. Court order affirming Board decision issued 11-16-10. NextEra's appeal to S.Ct. filed 12-15-10. Board brief filed 03-23-11. Awaiting oral argument. |
TF-09-30
(CV 8443) |
Kalona Cooperative Telephone Company v. Iowa Utilities Board |
Switched access and special access tariff |
12-10-10 |
Polk County |
Answer filed 12-30-10. Record filed 01-09-11. Board brief due 08-12-11. Oral argument 09-08-11. Awaiting decision. |
