Robert P. Kleiman, on Behalf of Himself and All Others Similarly Situated v. City of Waterloo, Iowa

Summary

The Iowa Supreme Court reviewed an interlocutory appeal concerning a class action seeking refunds of franchise fees imposed by the City of Waterloo on cable television services. The court held that Iowa Code section 477A.7(5), which ratified the city's past assessment and collection of the fees, did not violate federal or state due process protections. The court reversed the denial of summary judgment and remanded for entry of judgment in favor of the city.

Holdings

1. Iowa Code section 477A.7(5) does not violate the Due Process Clause of the Fifth Amendment to the United States Constitution.
2. Iowa Code section 477A.7(5) does not violate the due process clause of article I, section 9 of the Iowa Constitution.
3. Because the legislature ratified the city's past assessment and collection of franchise fees, the plaintiffs are not entitled to refunds of those fees.

Questions Presented

1. Whether Iowa Code section 477A.7(5) violated the Due Process Clause of the Fifth Amendment to the United States Constitution when applied to the city's past assessment and collection of cable television franchise fees.
2. Whether Iowa Code section 477A.7(5) violated article I, section 9 of the Iowa Constitution by retroactively validating the city's past assessment and collection of franchise fees.
3. Whether the plaintiffs were entitled to refunds of franchise fees after the legislature ratified the city's past assessment and collection of those fees.

Disposition

reversed_and_remanded