ZABER v. CITY OF DUBUQUE

No. 07-1819.

789 N.W.2d 634 (2010)

J. Thomas ZABER, on behalf of Himself and All Others Similarly Situated, Appellant, v. CITY OF DUBUQUE, Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied July 14, 2010.


Attorney(s) appearing for the Case

Terry M. Giebelstein , Thomas D. Waterman , and Richard A. Davidson of Lane & Waterman LLP, Davenport, for appellant.

Ivan T. Webber and James R. Wainwright of Ahlers & Cooney, P.C., Des Moines, for appellee.

Terrence L. Timmins , Des Moines, for amicus curiae Iowa League of Cities.

Bruce H. Stoltze of Stoltze & Updegraff, P.C., Des Moines, and Bradley P. Schroeder of Hartung & Schroeder LLP, Des Moines, for amicus curiae Iowa Trial Lawyers Association.


TERNUS, Chief Justice.

The appellant, J. Thomas Zaber, appeals the district court's dismissal by summary judgment of his claim for a refund of cable television franchise fees imposed by the appellee, City of Dubuque, in excess of the city's cost of regulation. The district court ruled Iowa Code section 477A.7(5) (Supp. 2007) retroactively authorized these fees, rejecting the plaintiff's contention section 477A.7(5) violated his due process rights. We affirm the district...

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