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DES MOINES SOLID WASTE AGENCY v. BRANSTAD

No. 92-1289.

504 N.W.2d 888 (1993)

DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY, South Central Iowa Landfill Agency, Benton County Solid Waste Disposal Commission, Solid Waste Management Commission of Marshall County, Muscatine Solid Waste Management Agency, Ottumwa-Wapello County Solid Waste Commission, Butler County Solid Waste Commission, Cerro Gordo Area Solid Waste Agency, Northwest Iowa Area Solid Waste Agency, Jackson County Sanitary Disposal Agency, Clinton County Area Solid Waste Agency, Kossuth County Landfill, Lee County Solid Waste Management Commission, Carroll County Solid Waste Management Commission, Dubuque Metropolitan Solid Waste Agency, Muscatine County Solid Waste Management Agency, Boone County, and Scott Area Solid Waste Management Agency, Appellants, v. Terry E. BRANSTAD, Governor of the State of Iowa, Gretchen Tegeler, Interim Director of the Department of Management, Gerald D. Bair, Director of the Department of Revenue and Finance, Appellees.

Supreme Court of Iowa.

August 25, 1993.

Attorney(s) appearing for the Case

James E. Brick and Mark R. Schuling of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellants.

Bonnie J. Campbell, Atty. Gen., Elizabeth M. Osenbaugh, Deputy Atty. Gen., and Julie F. Pottorff, Sp. Asst. Atty. Gen., for appellees.

Considered by McGIVERIN, C.J., and SCHULTZ, LAVORATO, NEUMAN, and ANDREASEN, JJ.

SCHULTZ, Justice.

Plaintiffs, solid waste agencies and commissions created pursuant to Iowa Code chapter 28E1, commenced a declaratory judgment action against defendants, Governor Terry E. Branstad, Gretchen Tegeler, Interim Director of the Department of Management, and Gerald D. Bair, Director of the Department of Revenue and Finance. Plaintiffs alleged that legislation allowing the transfer of money from a groundwater fund to the State...

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