SIERRA CLUB IOWA v. IOWA DEPT. OF TRANSP.

No. 11-1979.

832 N.W.2d 636 (2013)

SIERRA CLUB IOWA CHAPTER, Linda Biederman, and Elwood Garlock, Appellants, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

As Revised on Denial of Rehearing July 15, 2013.


Attorney(s) appearing for the Case

Wallace L. Taylor , Cedar Rapids, for appellants.

Thomas J. Miller , Attorney General, and Richard E. Mull , Assistant Attorney General, for appellee.


WIGGINS, Justice.

An environmental organization and two of its local members filed a petition for judicial review challenging the Iowa Department of Transportation's (IDOT) decision to locate a highway adjacent to and through two nature preserves. IDOT filed a motion to dismiss, arguing the court should dismiss the case on three bases: (1) the notice of appeal was not timely filed, (2) the organization and its two members failed to exhaust administrative remedies...

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