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MOTOR CLUB OF IOWA v. DEPARTMENT OF TRANSPORTATION

No. 2-59619.

251 N.W.2d 510 (1977)

MOTOR CLUB OF IOWA, Plaintiff-Appellee, v. DEPARTMENT OF TRANSPORTATION of the State of Iowa et al., Defendants-Appellants, Crouse Cartage Company and H and W Motor Express Company, Intervenors-Appellants.

Supreme Court of Iowa.

March 16, 1977.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Fred M. Haskins, Asst. Atty. Gen., for defendants-appellants.

Steven C. Schoenebaum, of Swift, Brown & Winick, Des Moines, for intervenors-appellants.

R. Richard Bittner and Larry L. Shepler, of Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, for plaintiff-appellee.

Heard en banc.

HARRIS, Justice.

This suit was brought to challenge a rule adopted by the commission of the Iowa department of transportation (DOT) establishing a 65 foot length limitation for trucks. In setting the effective date of the rule the DOT specified two conditions. The rule allowing 65 foot trucks was to be effective when the General Assembly passed legislation (1) outlawing studded tires and (2) implementing functional classification of highways. Neither condition was...

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