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RHODEN v. CITY OF DAVENPORT

No. 07-0172.

757 N.W.2d 239 (2008)

Monique RHODEN and Curt W. Canfield, on behalf of themselves and others Similarly Situated, Appellees, v. The CITY OF DAVENPORT, Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 13, 2008.

Attorney(s) appearing for the Case

Craig A. Levien and Peter J. Thill of Betty, Neuman & McMahon, P.L.C., Davenport, for appellant.

Thomas D. Waterman and Richard A. Davidson of Lane & Waterman, LLP, Davenport, and Catherine Z. Cartee of Cartee & Clausen Law Firm, P.C., Davenport, for appellees.

APPEL, Justice.

In this case, plaintiffs brought a class action challenging the validity of the Davenport Automated Traffic Enforcement (ATE) ordinance. See Davenport Mun. Code § 10.16.070 (2005). On cross motions for summary judgment, the district court ruled that the Davenport ATE ordinance was preempted by state traffic regulations and therefore was invalid. The district court also held that the City was not entitled to summary judgment on its claim...

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