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 04-30-2013.
| Docket No. |
Caption |
Type |
Appeal Date |
Court of Appeal |
Current Status |
| DRU-2012-0001 |
SZ Enterprises, LLC d/b/a Eagle Point Solar v. Iowa Utilities Board, a division of the Department of Commerce, State of Iowa |
Definition of public utility |
05-11-12 |
Iowa Supreme Court
(Polk County) |
Answer filed 05-31-12. Record filed 06-10-12. Board brief filed 10-05-12. Oral argument 01-18-13. District court decision reversing Board decision issued 03-29-13. Appealed to Supreme Court 04-10-13. |
| E-21988, E-21989 (LACV9448) |
NDA Farms, LLC, and Denise Albaugh v. Iowa utilities Board, Department of Commerce, and Ames Municipal Electric Systems |
Eminent domain |
10-23-12 |
Polk County |
Answer filed 11-12-12. Joint motion to extend time for filing agency record filed 11-12-12. Hearing on IAEC's motion to intervene 01-07-13. Board brief due 02-08-13. Oral argument 02-22-13. 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 reports filed with U.S. District Court, Northern District of Iowa 10-17-11; 12-01-11; 06-29-12, 12-01-12; 03-27-13. |
FCU-07-2
(S.Ct. No. 11-1899)
(CV 7988) |
Reasnor Telephone Company, LLC, v. Iowa Utilities Board |
Traffic pumping |
12-04-09 |
Iowa Supreme Court
(Polk County) |
Consolidated with CV7993 and CV8561, below. Record filed 04-08-11. Oral argument 06-24-11. Board decision affirmed 10-13-11. Appeal filed by Reasnor 11-09-11. Court of Appeals decision affirming Board decision issued 02-13-13. Farmer's application for further review filed 03-04-13. Board's resistance filed 03-15-13. Supreme Court denied further review 04-24-13. |
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-2009-0006
(LACV 73987) |
Hawkeye Land Company v. Iowa Utilities Board |
Crossing fee |
10-24-11 |
Iowa Supreme Court
(Linn County) |
Answer filed 11-14-11. Record filed 11-24-11. Board brief filed 08-08-12. Oral argument 10-05-12. Board decision affirmed by District Court 12-31-12. Appealed to Supreme Court 01-24-13. Appellant brief due 07-01-13. Board brief due 07-30-13. |
FCU-2009-0006
(LACV 500854) |
Hawkeye Land Company v. ITC Midwest, LLC |
Crossing fee |
10-24-11 |
Franklin County |
Response filed 10-31-11. Board not participating; challenge restricted to appropriate amount of damages. Stayed pending outcome of appeal in Linn County. |
FCU-2009-0006
(S. Ct. No. 12-1568) |
Hawkeye Land Company v. Franklin County Wind, LLC |
Railroad crossing |
08-27-12 |
Iowa Supreme Court |
Board's motion to file amicus brief filed 09-24-12; granted 10-18-12. Page proof amicus brief due 12-03-12. |
FCU-2009-0006
(S. Ct. No. 13-0539) |
Hawkeye Land Company v.
Grand River Mutual Telephone Co. |
Railroad crossing |
04-04-13 |
Iowa Supreme Court |
Board's motion to file amicus brief filed 04-22-13. |
FCU-2010-0001
(CV-8638) |
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. Board brief filed 01-28-13. Board appendix filed 01-28-13. Sprint's motion for stay denied on 04-18-13. Oral argument 04-19-13. Awaiting decision. |
FCU-2010-0001
(11-CV-183)
(11-2984) |
Sprint Communications Company, L.P. v. Iowa Utilities Board |
VoIP traffic |
04-25-11 |
8th Cir Ct of Appeals
(U. S. District Court, S.D. Iowa) |
Board motion for abstention granted by order issued on 08-01-11. Appeal filed by Sprint on 09-02-11. Board brief filed 11-25-11. Oral argument 03-13-12. District court decision granting motion for abstention affirmed in part by Eighth Circuit Court of Appeals 09-04-12. District court decision to dismiss Sprint's federal complaint reversed; remanded to District Court 09-0412 for entry of stay pending state court proceedings. Sprint's U.S. Supreme Court petition for certiorari filed 01-02-13. Board brief in opposition to petition for certiorari filed 03-06-13. Sprint's reply brief filed 03-19-13. Sprint's petition for writ of certiorari granted on 04-15-13. Sprint's initial brief and joint appendix due 06-28-13. Board's opposing brief due 08-27-13. Sprint's reply brief due 09-26-13. |
