Court Proceedings

The Board's decisions may be appealed to court pursuant to state and federal law. This page details the status of the existing court cases involving the Board. 

Updated May 9, 2022

Polk County District Court Case No. CVCV060840 / Appeal Case No. 21-0696
Proceeding:
LS Power Midcontinent et al v. State of Iowa, Iowa Utilities Board, Geri D. Huser et al – Petition for Declaratory and Injunctive Relief filed October 14, 2020
Current Status: Final Briefs filed. Awaiting ready status and assignment to review court.
Court Filings: Original Notice. Petition for Declaratory and Injunctive Relief. Defendant Motion to DismissITC Midwest, LLC AnswerITC Midwest, LLC Application to InterveneITC Midwest, LLC Joinder in Motion to DismissMidAmerican Energy Company Application to InterveneMidAmerican Energy Company AnswerMidAmerican Energy Company Joinder in Motion to Dismiss. Defendants Resistance to Plaintiff's Motion for Temporary Injunction. Order Setting Hearing. LS Power Motion to Strike. LS Power Resistance to Applications to Intervene. LS Power Motion for Extension to Reply to Motion for Temporary Injunction. Order Granting Temporary Injunction. ITC Midwest Reply in Support of Application for Intervention. MidAmerican Energy Company's Reply to Plaintiffs' Resistance to Application to Intervene. Defendants' Reply in Support of Motion to Dismiss. MidAmerican Energy Company's Reply to Plaintiffs' Resistance to Joinder of Defendants' Motion to Dismiss. LS Power Reply; LS Power Exhibits. Order Setting Hearing on Motion on All Remaining Motions. Motion Setting Hearing on Application for Intervention. Order Granting Intervention. Appearance of Counsel for Intervention Application MidAmerican. MidAmerican's Resistance to LSP Request for Temporary Injunction. Appearance of Counsel for ITC Midwest. ITC Resistance to Plaintiffs Injunction. Affidavit of Jeffrey Eddy. Combined Reply to Intervenors MidAmerican Energy Company and ITC Midwest's Resistances to Plaintiffs' Motion for Temporary Injunction. Exhibits to Combined Reply to Intervenors Resistances to Plaintiffs' Motion for Temporary Injunction. Order Continuing Hearing. ITC/MidAmerican Reply to Intervenors' Resistance to Plaintiffs' Motion for Temporary Injunction. Order Concerning Maintenance of Exhibits. State's Supplemental Brief. ITC/MidAmerican Sur-reply in Opposition to Temporary  Injunction. Plaintiffs' Reply in Support of Motion for Temporary Injunction. Order on Motion to Dismiss and Motion for Temporary Injunction. Plaintiffs' Motion for Reconsideration, Enlargement or Modification. Plaintiffs' Brief in Support of Motion for Reconsideration, Enlargement or Modification. Plaintiffs' Motion for Leave to Amend Petition. Plaintiffs' First Amended Petition for Declaratory and Injunctive Relief. Defendants' Response to Plaintiffs' Motion to Reconsider. Intervenor Affidavit in Support of Resistance to Motion for Leave to Amend Petition. Intervenor MidAmerican Energy Company's Resistance to Motion for Leave to Amend Petition and Joinder in Resistances to Motions to Reconsider. Intervenor ITC Midwest's Combined Resistance to Plaintiffs' Motion to Reconsider and Motion for Leave to Amend. Order Denying Motion to Reconsider and Motion for Leave to Amend (Dismissed by District Court). Plaintiffs' Notice of Appeal filed May 20, 2021Resale Power Group Motion for Leave to File Amicus Curiae BriefLS Power’s Proof Brief. Order Granting Motion to File Amicus Curiae Brief. MISO Customers Motion for Leave to File a Brief of Amicus Curiae. Brief of Amicus Curiae Coalition of MISO Transmission Customers in Support of Plaintiffs. Resale Group Final Brief. Appellees Joint Application for Extension to File Proof Brief and Designation of Appendix. Order Granting Extension. Order Granting Amicus Status to Coalition of MISO Transmission Customers. Proof Brief of ITC Midwest LLC. Proof Brief of MidAmerican Energy Company. Proof Brief of AppelleesAppellees’ Joint Designation of Additional Parts for Appendix. Intervenors-Appellees’ Proof Brief. Order Enlarging Time. Unresisted Application for Extension to File Proof Reply Brief and Appendix. Plaintiffs’-Appellants’ Proof Reply Brief. Appellants’ Additional Designation of Appendix. Appendix. Intervenor-Appellee MidAmerican’s Final Brief. State’s Final Brief of Appellee.

Polk County District Court Case No. CVCV061580 / Appeal Case No. 21-1788
Proceeding:
Linda Juckette v. Iowa Utilities Board – Petition for Judicial Review of Agency Action filed March 24, 2021
Current Status: Preparation of Final Brief due May 13, 2022. 
Court Filings: Petitioner's Petition for Judicial Review of Agency Action. Appearance - Matt Oetker. Petitioner's Affidavit of Mailing. Appearance - Jon Tack. Petitioner's First Amended Petition for Judicial Review of Agency Action. Respondent's Motion to Enlarge Time to Transmit Certified Record. Order Granting Unopposed Motion to Enlarge Time to Transmit. Respondent's Answer to First Amended Petition. Return of Service. Order Establishing Schedule for Conduct of Proceedings Pursuant to IR Civ P1.1603(2) (Order also sets hearing date)Motion to Intervene and Appear. Order Setting Hearing. Respondent's Response to Motion to Intervene. Notice of Certified Copy of Agency Record Filed Non-Electronically.Transmission of Record. MidAmerican Energy Company's Appearance and Motion to Intervene. Iowa Association of Electric Cooperative's Motion to Intervene and Appear. Iowa Association of Electric Cooperatives Appearance. Iowa Association of Electric Cooperatives AppearanceNotice of Certified Copy of Agency Record Filed Non-Electronically. Iowa Utility Association's Motion to Intervene and Appear. Respondent's Response to Iowa Association of Electric Cooperatives' Motion to Intervene. Plaintiff's Resistance to Iowa Association of Electric Cooperatives and Iowa Utility Association Motions to Intervene. Petitioner's Response to Office of Consumer Advocate and Iowa Utility Association Motions to Intervene. Respondent's Response to MidAmerican Energy Company and Iowa Utility Association Motions to Intervene. Iowa Utility Association's Reply to Resistance to Motion to Intervene. Iowa Association of Electric Cooperatives' Reply to Plaintiff's Resistance to Motion to Intervene. Court Reporter Memorandum and Certificate. Order Granting Motions to Intervene and Appear by Office of Consumer Advocate and MidAmerican Energy, and Granting Amicus Curiae Status to the Iowa Association of Electric Cooperatives and the Iowa Utility Association. MidAmerican Motion for Stay and Limited Remand. Attachment A. Attachment B. Attachment C. Attachment D. Order Setting Hearing on Motion. Intervenor OCA's Response to Intervenor MidAmerican's Motion for Stay and Limited Remand. MidAmerican's Motion for Modification of the Briefing Schedule. Petitioner's Resistance to MidAmerican's Application for Limited Remand. Respondent's Response to MidAmerican's Motion for Stay and Limited Remand. Petitioner's Response to MidAmerican's Motion for Modification of Briefing Schedule. Petitioner's Opening Brief. Court Reporter Memorandum and Certificate. ITC Midwest Motion for Permission to Submit Brief of Amicus Curiae. Order Setting Hearing. Respondent's Brief in Resistance to Petition for Judicial Review. Iowa Utility Association's Amicus Brief. IUB Motion to File Portions of Agency Record Under Seal. Juckette Motion for Extension of Time to File Reply. ITC Midwest Brief of Amicus Curiae. Intervenor OCA's Brief in Resistance to Petition for Judicial Review. Brief of Intervenor MidAmerican Energy Company. Brief of Amicus Curiae of the IAEC. Intervenor MidAmerican's Response to Petitioner's Motion for Extension of Time to File Reply Brief. IUB Motion to File Portions of Agency Record Under Seal. Order Granting Unopposed Motion for Permission to Submit Brief as Amicus Curiae. Order Granting Respondent's Unopposed Motion to Seal Certain Information at Security Level 5. Order Granting Plaintiff's Motion for Extension of Time to File Reply Brief. Petitioner's Reply Brief. ITC Midwest AppearanceCourt Reporter Memorandum and CertificateOrder Denying RemandStatement of Costs (MidAmerican Energy)MidAmerican’s Joinder in Proposed Order Denying Petition for Judicial Review. Order Denying and Dismissing Petition for Judicial Review. Notice of Appeal. Combined General Docket Report. Docket Entries. Notice of Appeal. Combined CertificateAmended Combined CertificateNotice of Briefing Schedule. Court Reporter CertificateAppellant’s Proof Brief. Appellant’s Designation of Parts of the AppendixMotion of the Iowa Farm Bureau to File an Amicus Curiae Brief. Brief of Amicus CuriaeOrder Granting Amicus Brief. Final Brief of Amicus CuriaeAppellee MidAmerican’s Proof Brief. IUB’s Proof Brief. ITC Midwest Motion to File Brief of Amicus Curiae. ITC Midwest Proof Brief of Amicus Curiae. OCA’s Designation of Parts. Appellee MidAmerican’s Designation of Parts. OCA’s Proof Brief. IUB’s Designation of PartsAppellant's Unresisted Application for Extension of Time. Granting Appellant Motion to Enlarge Time. Motion to File an Amicus Brief (IAEC, IAMU, IUA). Brief of Amicus Curiae. Order Granting Amicus Brief. Final Brief of Amicus Curiae. Appendix. Proof Reply Brief of Appellant. Farm Bureau Final Brief of Amicus Curiae.

Polk County District Court Case No. CVCV061992
Proceeding: 
Environmental Law & Policy Center, Iowa Environmental Council, and Sierra Club v. Iowa Utilities Board – Petition for Judicial Review filed June 11, 2021
Current Status: Awaiting Appellant’s proof brief and designation of appendix due May 22, 2022. Appellee’s proof brief and designation of additional parts of the appendix is due 30 days after Appellant’s brief.
Court Filings:  Petition for Judicial Review. Appearance of Kim Snitker. Appearance of Jon Tack. Appearance of Bret Dublinske. MidAmerican Motion to Intervene. Order Setting Hearing on Motion to Intervene. Respondent's Answer and Affirmative Defenses. Respondent's Response to MidAmerican's Motion to Intervene. Plaintiff's Response to MidAmerican's Motion to Intervene. Respondent's Application to Restrict Access / Motion to file Portions of the Agency Record Under Seal. Notice of Transmission of Agency Record. Agency Record Part 1. Agency Record Part 2. Agency Record Part 3. Order Granting Application to Restrict Access / Motion to File Portions of Agency Record Under Seal. Appearance of Matt Oetker. Order Canceling Hearing. Appearance of Jeffrey J. Cook, Office of Consumer Advocate. OCA Motion to Intervene. Order Establishing Schedule for Conduct of Proceedings. Appearance on Behalf of Intervenor MidAmerican Energy. Order Granting OCA's Motion to Intervene. Petitioners' Brief. Intervenor OCA's Brief in Support of Petition for Judicial ReviewRespondent’s Brief in Resistance to Petition for Judicial Review. Brief of Intervenor MidAmerican Energy. Media Coordinator’s NoticePetitioners’ Reply BriefOCA’s Reply Brief in Support of Petition for Judicial ReviewOrder Granting Request for Expanded News Media Coverage of Trial or Proceeding. Court Reporter Memorandum and Certificate. Ruling on Petition for Judicial ReviewOCA’s Motion to Reconsider, Amend, and Enlarge the Court’s December 7 Ruling. Order Setting Hearing. MidAmerican Energy’s Resistance to Motion to Reconsider, Amend and Enlarge. IUB Resistance to OCA Motion to Reconsider, Amend and EnlargeCourt Reporter Memo and Certificate. Ruling on Intervenor OCA's Motion to Reconsider, Amend and EnlargeStatement of Costs. Notice of Appeal (Info). Notice of Appeal (Cert). Combined General Docket ReportDocket Entries. Combined CertificateNotice of Transcript Redaction. Reporter’s Certificate of Filing a Transcript. Notice of Transcript Redaction. Court Reporter Certificate.

Polk County District Court Case No. CVCV062857
Proceeding: 
LTD Broadband, LLC v. Iowa Utilities Board – filed December 3, 2021
Current Status: Awaiting decision following oral argument.
Court Filings: Original Notice. Petition for Judicial Review. Attachment A - Order Designating Eligible Telecommunications Carrier. Attachment B - Request To Amend Eligible Telecommunications Carrier Designation. Attachment C - Order Denying Request To Amend Eligible Telecommunications Carrier DesignationOCA Petition to Intervene. Order Setting Hearing. Affidavit of Mailing Petition for Judicial Review. Appearance of Jon TackAppearance of Jeffrey Cook. Respondent's Answer to Petition. Certification of Agency Record. Certified Record. Order Granting Intervention and Setting Deadline. Petitioner's Proposed Briefing ScheduleOrder Establishing Schedule for Conduct of Proceedings. Petition LTD's Brief on MeritsAppearance of Lynzey Kenworthy. IUB's BriefJoinder in Respondent IUB’s Brief. Petitioner's Reply BriefOrder – Hearing via Zoom. Court Reporter Memo.

Polk County District Court Case No. CVCV062900
Proceeding: 
Summit Carbon Solutions, LLC v. Iowa Utilities Board – filed December 14, 2021
Current Status: Hearing on Motion for Summary Judgment scheduled for May 27, 2022.
Court Filings: Motion for Temporary/Permanent Injunction. Original Notice. Declaration. Petition for Temporary and Permanent Injunctive Relief. IUB Acceptance of Service. Appearance of Jon TackResponse to Motion for Temporary Injunction. Jeffrey Cook OCA Appearance. Order Granting in Part and Denying in Part Request for Confidentiality. OCA Petition to Intervene. OCA Attachment B Objection to Request for Confidential Treatment of Mailing List. Appearance of OCA. Appearance of John Long and Anna Ryon on Behalf of OCARespondent’s Answer to Motion for Permanent Injunction. Sierra Club Motion to Intervene. Sierra Club Response to Petition for Temporary and Permanent Injunctive Relief and Motion for Temporary Injunction. Exhibit 1. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Order Continuing HearingOrder for Trial Scheduling Conference. Affidavit of Jessica MazourReply in Support of Motion for Temporary Injunction. Exhibit A. Exhibit B. Exhibit C. Exhibit DCourt Reporter Memo and Certificate. Motion for Continuance. Order for Trial Scheduling ConferenceOrder Granting Intervention of Sierra Club. Order Granting Motion for Temporary Injunction. Notice of Serving Discovery Request. Trial Scheduling and Discovery Plan. Order Setting Trial and Approving PlanAppearance of Kim SnitkerSierra Club’s Statement of Uncontested Facts in Support of Their Motion for Summary Judgment. Attachment-Appendix. Brief in Support of Sierra Club’s Motion for Summary Judgment. Sierra Club’s Motion for Summary JudgmentNotice of Discovery Request. IUB’s Answer to Motion for Summary Judgment. IUB’s Brief In Answer to Motion for Summary Judgment. IUB’s Affidavit in Regard to Contested Facts. OCA’s Response to Motion for Summary Judgment. Summit’s Motion to Continue Resistance to Motion for Summary Judgment. Attachment A. Attachment BSierra Club’s Reply to Responses to Motion for Summary Judgment. Order Setting Hearing. Court Reporter Memo. Order Setting Hearing. Amendment to Trial Schedule. Order for Continuance.

Polk County District Court Case No. CVCV062999
Proceeding: 
Iowa Association of Municipal Utilities v. Iowa Utilities Board
Current Status: Hearing is scheduled for September 23, 2022. Awaiting Petitioner's brief due June 1, 2022. Respondent's brief due August 1, 2022. Petitioner's reply brief due September 1, 2022. Intervenors' brief due August 1, 2022.
Court Filings: Petition for Judicial Review filed January 7, 2022Civil Original Notice. Affidavit of Service – Jason Craig. OCA Petition to Intervene. Appearance of Craig Graziano for OCA. Respondent’s Answer & Affirmative Defenses. Appearance of Jon Tack and Matthew OetkerOrder Granting OCA at IntervenorOrder Setting Status Conference. Appearance of Kerri Russ. Certification of Agency Record. Transmission of RecordPetitioner’s Unresisted Motion to Continue Status Conference. IAEC Appearance and Application to Intervene. Order Continuing Hearing. Intervenor's Motion for Continuance. Order for ContinuanceOrder Granting Intervention to Iowa Association of Electric CooperativesOrder Establishing Schedule. IUB’s Motion for Leave to File Amended Answer. Amended Answer.

Polk County District Court Case No. CVCV062986
Proceeding: 
Tom Robinson, Laura Robinson, Martin Robinson and Paula Robinson v. Iowa Utilities Board
Current Status:  Hearing scheduled for May 13, 2022.
Court Filings: Petition for Judicial Review of Agency Action filed January 4, 2022Civil Original Notice. Civil Original Notice. Affidavit Regarding Service. Appearance of Jennifer Johnston for OCA. OCA Motion to Intervene. Duane Arnold Solar Motion to Intervene. Attachment Petition to Intervene. OCA Order Granting Motion. Duane Arnold Solar Order Granting Motion. Appearance of Jon Tack, Matt Oetker and Hunter Fors. IUB Pre-Answer Motion to Dismiss. Attachment APetitioners’ Resistance to Pre-Answer Motion to DismissDavid Lynch Appearance and Motion to Intervene. Respondent’s Reply to Petitioners’ Resistance to Motion to Dismiss and Motion to EnlargeOrder Granting Motion to Enlarge Time to Transmit Certified Record. Order Setting Hearing on MotionOrder Granting Coggon Solar LLC’s Motion to Intervene. Order Continuing Hearing.

Polk County District Court Case No. CVCV063014
Proceeding: 
MidAmerican Energy Company v. Iowa Utilities Board
Current Status:  Hearing scheduled for July 1, 2022. Petitioner’s brief due May 20, 2022. Respondent’s and Intervenor’s briefs due June 17, 2022. Petitioner’s reply brief due June 24, 2022.
Court Filings: Civil Original Notice. Petition for Judicial Review. Exhibit 1. Exhibit 2. Exhibit 3. Acceptance of ServiceAppearance of Jon Tack and Kim Snitker. Respondent’s Pre-Answer to Motion to Recast Petition and Motion to Enlarge TimeAppearance of Jeff Cook. OCA Petition to Intervene. Attachment. Order Setting Hearing on Motion. IUB’s Response to OCA’s Motion to InterveneOrder Granting OCA’s Petition to Intervene. IUB’s Response to OCA’s Motion to Intervene. MidAmerican’s Resistance to the Motion to Recast Petition. Order Continuing Hearing. Environmental Parties Motion to Intervene. Order Granting Environmental Parties Intervention. Denial of IUB’s Request to Recast Petition. IUB's AnswerOrder Setting Hearing. Unopposed Motion to Continue Schedule. Order Amending Procedural Schedule. Application to Restrict Access to Records. Certified Agency Record Part 1. Certified Agency Record Part 2. Certified Agency Record Part 3. Certified Agency Record Part 4. Certified Agency Record Part 5. Notice of Transmission of Agency Record.

Polk County District Court Case No. CVCV063447
Proceeding: 
MidAmerican Energy Company v. Iowa Utilities Board
Current Status:  Awaiting service. Preparation of Certified Record.
Court Filings: Civil Original Notice. Petition. Attachment A. Attachment B. Attachment C. Attachment D. Other Affidavit. Acceptance of Service. OCA’s Petition for Intervention. Appearance of Jon Tack and Kim Snitker. Application to Restrict Access to Records. Certified Agency Record Part 1. Agency Record Part 2. Respondent’s Notice of Transmission of Agency Record.

Polk County District Court Case No. CVCV063439
Proceeding: 
ITC Midwest LLC v. Iowa Utilities Board
Current Status:  Awaiting service. Preparation of Certified Record.
Court Filings: Civil Original Notice. Petition. Attachment A. Attachment B. Attachment C. Affidavit. Acceptance of Service. OCA Petition for Intervention. Notice of Recusal of Judge Gronewald. Appearance of Jon Tack. Certified Agency Record. Notice of Transmission of Agency Record.

    Printed from the website on May 22, 2022 at 6:57pm.