Frank Bowers v. Polk County Board of Supervisors and Polk County, Iowa

Summary

Frank Bowers challenged the Polk County Board of Supervisors' authorization of up to $151 million in general obligation bonds for the Iowa Events Center without a referendum. The Iowa Supreme Court held that the statutory petition and referendum requirements did not violate equal protection or due process under the Iowa Constitution. The court affirmed the district court's judgment upholding the Board's action.

Holdings

1. The petition requirements did not violate equal protection because residents of populous and less populous counties were not similarly situated for purposes of the statute, and the requirements applied uniformly to all counties.
2. The ten-day petition period and ten-percent signature requirement provided all the process constitutionally due and did not violate procedural due process.
3. The statutory petition procedure did not violate substantive due process because it did not infringe a fundamental right and was reasonably fitted to legitimate governmental purposes.

Questions Presented

1. Whether the statutory ten-day petition period and ten-percent signature requirement violated equal protection under the Iowa Constitution by imposing a greater practical burden on residents of populous counties.
2. Whether the referendum petition procedure violated procedural due process under the Iowa Constitution.
3. Whether the referendum petition procedure violated substantive due process under the Iowa Constitution.

Disposition

affirmed