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DEPT. OF HUMAN SERVICES v. COMMUNITY CARE

No. 14-1522.

861 N.W.2d 868 (2015)

IOWA DEPARTMENT OF HUMAN SERVICES, Plaintiff-Appellee, v. COMMUNITY CARE, INC., Defendant, and Dewitt Bank & Trust Company, Intervenor-Appellant, DAC, Inc. and Jackie Scott, Intervenors-Appellees, Morrisanderson & Associates, Ltd., Receiver-Appellee, Bank Iowa, Intervenor.

Supreme Court of Iowa.

Rehearing Denied May 6, 2015.

Attorney(s) appearing for the Case

Linda M. Kirsch and Kerry A. Finley of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellant.

Thomas J. Miller , Attorney General, and Amy C. Licht , Assistant Attorney General, for appellee Iowa Department of Human Services.

Heather L. Campbell and David W. Nelmark of Belin McCormick, Des Moines, for appellee DAC, Inc.

Chet A. Mellema and Donald F. Neiman of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee Morris Anderson & Associates, Ltd.

Matthew J. Reilly of Eells & Tronvold, P.L.C., Cedar Rapids, for appellee Jackie Scott.

Robert L. Hartwig , Johnston, for amicus curiae Iowa Bankers Association.

This case presents the question whether Iowa Code sections 249A.44(3) and 680.7 authorize the payment of a receiver's expenses out of property in which a secured creditor had a prior perfected security interest. Guided in part by the principle that we avoid interpreting ambiguous statutes in a manner that leads to constitutional...

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