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STANLEY v. FITZGERALD

No. 96-1475.

580 N.W.2d 742 (1998)

David M. STANLEY, Hilarius L. Heying, Cloyd Robinson, Jane A. Miller, Don Carver, Herbert A. Wilson, Edward D. Failor, Sr., Margaret Beals, Joann Fretner, John G. Giblin, Riley Gillette, Hugh S. Greig, Edwin A. Hicklin, Herbert H. Kersten, Marjorie E. Kreager, Donald P. Racheter, Donald H. Shaw, Jean Leu Stanley, Tom Vance, Keith L. Vetter, and C.H. Woodward, Appellants, v. Michael L. FITZGERALD, Treasurer of the State of Iowa, Appellee, v. Gretchen TEGELER, Director of the Department of Management, and Gerald Bair, Director of the Department of Revenue and Finance, Third-Party Appellees.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

William Sidney Smith, Ronald L. Mountsier and Stacey N. Bell of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney, Shindler & Scalise, P.C., Des Moines, for appellants.

Thomas J. Miller, Attorney General, Elizabeth M. Osenbaugh, Solicitor General, and Julie F. Pottorff, Deputy Attorney General, for appellee.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for third-party appellees.

Considered en banc.

ANDREASEN, Justice.

David M. Stanley and other members of a group known as Iowans For Tax Relief (collectively "Stanley") appeal from a district court ruling dismissing their request for declaratory and injunctive relief. Stanley brought suit against Michael L. Fitzgerald, the State Treasurer, challenging the issuance of tax and revenue anticipation notes (TRANs). Stanley argued the manner in which the proceeds of the TRANs were used created debt in violation of article...

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