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DOT v. IOWA DIST. CT. FOR JOHNSON CTY.

No. 96-751.

570 N.W.2d 461 (1997)

IOWA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. IOWA DISTRICT COURT FOR JOHNSON COUNTY, Defendant.

Supreme Court of Iowa.

November 26, 1997.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Carolyn J. Olson, Assistant Attorney General, for plaintiff.

No appearance for defendant.

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

PER CURIAM.

The Iowa Department of Transportation (DOT) brought this certiorari action challenging the district court's authority to order it to issue applicant a temporary restricted license pursuant to Iowa Code section 321J.4(8) (Supp.1995). We find the district court exceeded its authority and sustain the writ.

I. Background and Proceedings Below.

Crystal Tabor's driver's license was revoked on July 22, 1994, upon her failure of implied consent...

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