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CITY OF CEDAR RAPIDS v. STATE

No. 90-1775.

478 N.W.2d 602 (1991)

CITY OF CEDAR RAPIDS, Lloyd Eugene Chesmore, David Allen Kaplan, and Stanley Ray Nelson, Appellants, v. STATE of Iowa and Iowa Department of Transportation, Appellees.

Supreme Court of Iowa.

December 24, 1991.

Attorney(s) appearing for the Case

Mohammed H. Sheronick, Asst. City Atty., Cedar Rapids, for appellants.

Bonnie J. Campbell, Atty. Gen., David Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellees.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and ANDREASEN, JJ.

CARTER, Justice.

The City of Cedar Rapids and three of its employees appeal from an adverse ruling in a declaratory judgment action seeking to limit the enforcement powers of the Iowa Department of Transportation (IDOT) with respect to alleged overload violations by city employees operating city-owned vehicles on city streets. At issue are alleged violations of Iowa Code section 321.463 (1989). Criminal charges are pending under that statute against the three employee...

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