WENGERT v. BRANSTAD

No. 90-455.

474 N.W.2d 576 (1991)

James WENGERT, Iris Ward, and Robert Cook, Appellants, v. Terry E. BRANSTAD, Governor of the State of Iowa; Paul Grossheim, Director of the Iowa Department of Corrections; and The Iowa Department of Corrections, Appellees.

Supreme Court of Iowa.

September 18, 1991.


Attorney(s) appearing for the Case

Philip T. Riley, Des Moines, for appellants.

Robert G. Allbee and Wade R. Hauser III of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellees.

Considered en banc.


HARRIS, Justice.

This action for declaratory and injunctive relief was brought to challenge item vetoes exercised by Iowa's governor. The question is whether the challenge was obviated when, at the governor's instance, an injunction was entered which barred him and state officials from treating the legislation in accordance with the challenged vetoes. On the basis of the injunction the trial court determined there was no justiciable controversy and accordingly declined...

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