COLTON v. BRANSTAD

No. 84-1011.

372 N.W.2d 184 (1985)

Milo COLTON, Leo P. Miller, Josephine Gruhn, Johnie Hammond, Elaine Baxter, Sue Mullins, Julia Gentleman, Janet A. Carl and Kay Chapman, Individually and as Members of the 70th General Assembly of Iowa, Appellees, v. Terry E. BRANSTAD, Governor of the State of Iowa, Appellant.

Supreme Court of Iowa.

July 31, 1985.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Julie F. Pottorff, Asst. Atty. Gen., for appellant.

Gerald H. Grask and Barbara A. Buhr of Neiman, Neiman, Stone & Spellman, Des Moines, for appellees.

Considered en banc.


REYNOLDSON, Chief Justice.

Plaintiffs, nine members of the 70th General Assembly, 1983 session, filed this action seeking a declaration that the action of defendant Governor Terry E. Branstad in item vetoing a section of an appropriation bill was unconstitutional and therefore void. After defendant answered, trial court granted plaintiffs' motion for summary judgment. We reverse and remand.

The facts in this controversy are undisputed. In its 1983 session...

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