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CITY OF DES MOINES v. CLERK OF COURT

No. 89-206.

449 N.W.2d 363 (1989)

In the Matter of the CITY OF DES MOINES and Approximately 1,000 Parking Tickets, Appellee, v. STATE of Iowa, ex rel. CLERK OF COURT, Appellant.

Supreme Court of Iowa.

December 20, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Kathy Mace Skinner, Asst. Atty. Gen., for appellant.

Mary A. Laughlin, Asst. City Atty., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ, and ANDREASEN, JJ.

SCHULTZ, Justice.

In this appeal we must decide whether the city of Des Moines (City) may be assessed court costs after it has voluntarily dismissed the charges on overtime parking tickets filed with the clerk of the district court (clerk), an officer of the State of Iowa. Upon dismissal, the clerk taxed the City court costs in the amount of eight dollars per ticket. Acting upon a motion by the City, the district associate judge ordered the clerk to reassess such...

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