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STATE EX REL. PALMER v. DUBUQUE COUNTY

No. 90-401.

473 N.W.2d 190 (1991)

STATE of Iowa ex rel. Charles PALMER, a Director, Division of Mental Health, Mental Health Retardation and Developmental Disabilities, Iowa Department of Human Services, Appellant, v. DUBUQUE COUNTY and the Dubuque County Board of Supervisors; Donna Smith, Chair; Lloyd Hayes and Wilfred Bahl, Members of the Board; and Terrance Hirsch, Dubuque County Auditor, Appellees.

Supreme Court of Iowa.

Rehearing Denied September 18, 1991.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Valencia Voyd McCown, Asst. Atty. Gen., for appellant.

Fred A. McCaw, County Atty., and Jean A. Becker, Asst. County Atty., for appellees.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.

CARTER, Justice.

This is a dispute between the State and Dubuque County concerning which of these entities is responsible for the care of Isaac B. at the state mental health institute (MHI) at Independence. The State asserts that Dubuque County is liable for these costs because Isaac B. acquired a legal settlement in that county prior to his institutionalization. The district court found that Isaac B. never acquired a legal settlement in Dubuque County and that the...

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