STATE v. IOWA PUBLIC SERVICE CO.

No. 89-214.

454 N.W.2d 585 (1990)

STATE of Iowa and Iowa Department of Transportation, Appellees, v. IOWA PUBLIC SERVICE CO., Appellant.

Supreme Court of Iowa.

April 18, 1990.


Attorney(s) appearing for the Case

David J. Blair and Robert G. Ellis, of Blair, Stoik, Phillips and Ellis, P.C., Sioux City, and John A. Rasmussen Jr., of Iowa Public Service Company, Sioux City, for appellant.

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Acting Deputy Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellees.

Considered by HARRIS, P.J., and SCHULTZ, LAVORATO, SNELL, and ANDREASEN, JJ.


ANDREASEN, Justice.

Both the Iowa Department of Transportation (DOT) and the Iowa Utilities Board are given broad statutory powers and duties. The DOT is responsible for the planning, development, regulation, and improvement of transportation. Iowa Code § 307.2 (1985). The DOT's director is responsible for the planning, design, construction, and maintenance of the state primary highways. Iowa Code § 307.24. The director is authorized to adopt rules as are...

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