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Spencer, Iowa ~ Saturday, September 6, 2008
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Appeals court to hear cases in Okoboji

Thursday, May 29, 2008 ~ Updated 9:49 AM

A workman's compensation claim and a possible open meetings violation are on the docket as the Iowa Court of Appeals brings its process to the Iowa Great Lakes.

Cases typically are heard in Des Moines, but will be moved to Arrowwood Resort and Conference Center as part of the 85th annual Lawyers' Chautauqua in Okoboji.

Beginning at 11:20 a.m., a panel of Court of Appeals judges will consider the Polk County case of Winter v. Rosenboom Machine & Tool, concerning denial of workers' compensation benefits, and the Polk County case of Adele v. City of Pleasant Hill, concerning alleged violation of Iowa's open-meetings law and an illegal change in the form of city government.

"The court has, for several years, heard cases at the Lawyers' Chautauqua at Okoboji -- in part because it makes it convenient for people in that corner of the state to come and watch arguments that they wouldn't drive to Des Moines to see," said Dan Marvin, the staff attorney for the Iowa Court of Appeals.

The case of Theodore L. Winter v. Rosenboom Machine & Tool centers around an employee's appeal of a workers' compensation commissioner's decision. The commissioner denied Winter's disability benefits and the district court upheld the ruling.

Winter said constant exposure to fumes from a plasma torch -- along with heated plastic and steel -- caused damage to his respiratory system. He feels he didn't get some or all of the benefits he was entitled to.

Nadine Adele said she was denied a "council packet," which she argues is a public record available to residents. She also thinks the city violated open meetings laws when they held a closed meeting in November 2005.

The city of Pleasant Hill also changed from a mayor-council to a council-manager form of government without a vote of the residents. Adele thinks the change is illegal.

Spencer's current city manager, Bob Fagen, was Pleasant Hill's city manager when Adele accused the city of the illegal closed meeting. The city disagrees with her position.

"It's hearings run for an hour," which includes two cases, Marvin said. "A normal argument is: about 10 minutes for the appellant, 10 minutes for the appellee and five minutes for rebuttal."

Arguments in about 6 cases of 10 considered by the Iowa Court of Appeals are submitted in writing. For the Okoboji conference, they try to pick cases with oral arguments and a tie to northwest Iowa, or matters that involve a matter of interest for attorneys attending the seminar.

"It's a good opportunity for the participants at the seminar -- and also any of the public who shows up -- to see the court in action," Marvin said.

The judges occasionally field questions about the process after the hearing, but won't address the merits of a specific case.

The Lawyers' Chautauqua is an annual continuing legal education event sponsored by Judicial District 3A and is hosted this year by the Buena Vista County Bar Association. Again, the oral arguments are open to the public.



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