Iowa Code

Iowa Code § 5.3 (2026)

Organization

✓ current as of July 2026
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The commissioners shall meet at the state capitol as necessary and shall organize by the election of one of their number as chairperson and another as secretary, who shall hold their respective offices for a term of two years and until their successors are elected and qualified. [C24, 27, 31, 35, 39, §67; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §5.3] 2024 Acts, ch 1170, §81

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Notes of Decisions
Cited in 16 cases, 1972–2020 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 7× “Further, Restatement (Second) section 5.3, comment c states, “The tenant as a matter of law is unable to waive any remedies available to him at the time of entry, if at the time of entry it 13If the Restatement (Second) is viewed as generally permitting waivers of the implied…”
Kucera v. Baldazo, 745 N.W.2d 481 (Iowa 2008). · cites it 2× “Section 5.3. Grievance Steps: Step 1. If the oral discussion of the complaint or problem fails to resolve the matter, the aggrieved employee and/or the Union shall present a grievance in writing to the Sheriff or his designated representative within five (5) calendar days…”
State v. Bessenecker, 404 N.W.2d 134 (Iowa 1987). · cites it 2× “See Standards Relating to the Prosecution Function and the Defense Function § 5.3 comment b (Approved Draft 1971) (investigations to be carried out so as to avoid harassment of prospective jurors and creation of bias).”
State v. Strong, 493 N.W.2d 834 (Iowa 1992). “, §§ 5.3(c), 501 (1987). We must be satisfied that the method chosen to search Strong’s stomach contents was reasonable.”
Sporcam, Inc. v. Greenman Bros., Inc., 340 F. Supp. 1168 (S.D. Iowa 1972). · cites it 4× “Pursuant to Sections 5.3(b) and 5.3(e) of the contract, all cash received on and after March 1, 1971, from the operation of the departments being purchased thereby was deposited in bank accounts subject to withdrawal therefrom only on the joint signatures of plaintiff’s…”
Pathology Consultants v. Gratton, 343 N.W.2d 428 (Iowa 1984). “See generally Hillman, Contract Remedies, Equity and Restitution in Iowa, § 5.3 et seq. (1979). Mistakes in integration occur when the parties fail to memorialize a term over which they bargained and agreed.”
State v. Shearon, 449 N.W.2d 86 (Iowa Ct. App. 1989). “LaFave, Search and Seizure, A Treatise on the Fourth Amendment, § 5.3(c) (2d ed. 1987) (discussion of whether inspection of the body may be undertaken whenever there is lawful custody).”
State v. Morris, 227 N.W.2d 150 (Iowa 1975). “See ABA Standards, The Prosecution Function and The Defense Function, § 5.3(c), and commentary at 117 (Approved Draft 1971); 75 Am.”
Eric N. Lucy v. Platinum Servs., Inc., now known as Platinum Supplemental Ins., Inc., & Wayne Briggs (Iowa Ct. App. 2018). · cites it 8× “Section 5.3(a) required “[t]wenty percent (20%) of the purchase price of [s]hares being purchased and sold under this [a]greement will be paid in cash upon the effective date (the “Closing”) of the purchase and sale.”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). · cites it 4× “Further, Restatement (Second) section 5.3, comment c states, “The tenant as a matter of law is unable to waive any remedies available to him at the time of entry, if at the time of entry it 13If the Restatement (Second) is viewed as generally permitting waivers of the implied…”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). · cites it 4× “Further, Restatement (Second) section 5.3, comment c states, “The tenant as a matter of law is unable to waive any remedies available to him at the time of entry, if at the time of entry it 13If the Restatement (Second) is viewed as generally permitting waivers of the implied…”
Homeland Energy Solutions, LLC v. Steven J. Retterath, Jason Retterath & Annie Retterath (Iowa 2020). · cites it 4× “This indication is clear when one considers section 5.3(f) of the operating agreement, stating whenever the number of units of a member with director-appointment power falls below 5000 the member loses that power, with parts of the 37 MURA.”
— Iowa Code § 5.3(a) — 2 cases
Eric N. Lucy v. Platinum Servs., Inc., now known as Platinum Supplemental Ins., Inc., & Wayne Briggs (Iowa Ct. App. 2018). “Section 5.3(a) required “[t]wenty percent (20%) of the purchase price of [s]hares being purchased and sold under this [a]greement will be paid in cash upon the effective date (the “Closing”) of the purchase and sale.”
Milman v. Prokopoff, 100 F. Supp. 2d 954 (S.D. Iowa 2000).
— Iowa Code § 5.3(b) — 3 cases
Sporcam, Inc. v. Greenman Bros., Inc., 340 F. Supp. 1168 (S.D. Iowa 1972). “Pursuant to Sections 5.3(b) and 5.3(e) of the contract, all cash received on and after March 1, 1971, from the operation of the departments being purchased thereby was deposited in bank accounts subject to withdrawal therefrom only on the joint signatures of plaintiff’s…”
Eric N. Lucy v. Platinum Servs., Inc., now known as Platinum Supplemental Ins., Inc., & Wayne Briggs (Iowa Ct. App. 2018). “Section 5.3(a) required “[t]wenty percent (20%) of the purchase price of [s]hares being purchased and sold under this [a]greement will be paid in cash upon the effective date (the “Closing”) of the purchase and sale.”
Milman v. Prokopoff, 100 F. Supp. 2d 954 (S.D. Iowa 2000).
— Iowa Code § 5.3(c) — 5 cases
State v. Strong, 493 N.W.2d 834 (Iowa 1992). “, §§ 5.3(c), 501 (1987). We must be satisfied that the method chosen to search Strong’s stomach contents was reasonable.”
State v. Shearon, 449 N.W.2d 86 (Iowa Ct. App. 1989). “LaFave, Search and Seizure, A Treatise on the Fourth Amendment, § 5.3(c) (2d ed. 1987) (discussion of whether inspection of the body may be undertaken whenever there is lawful custody).”
State v. Morris, 227 N.W.2d 150 (Iowa 1975). “See ABA Standards, The Prosecution Function and The Defense Function, § 5.3(c), and commentary at 117 (Approved Draft 1971); 75 Am.”
Milman v. Prokopoff, 100 F. Supp. 2d 954 (S.D. Iowa 2000).
— Iowa Code § 5.3(d) — 1 case
Sporcam, Inc. v. Greenman Bros., Inc., 340 F. Supp. 1168 (S.D. Iowa 1972). “Pursuant to Sections 5.3(b) and 5.3(e) of the contract, all cash received on and after March 1, 1971, from the operation of the departments being purchased thereby was deposited in bank accounts subject to withdrawal therefrom only on the joint signatures of plaintiff’s…”
— Iowa Code § 5.3(f) — 1 case
Homeland Energy Solutions, LLC v. Steven J. Retterath, Jason Retterath & Annie Retterath (Iowa 2020). “This indication is clear when one considers section 5.3(f) of the operating agreement, stating whenever the number of units of a member with director-appointment power falls below 5000 the member loses that power, with parts of the 37 MURA.”
— Iowa Code § 5.3(h) — 1 case
Sporcam, Inc. v. Greenman Bros., Inc., 340 F. Supp. 1168 (S.D. Iowa 1972). “Pursuant to Sections 5.3(b) and 5.3(e) of the contract, all cash received on and after March 1, 1971, from the operation of the departments being purchased thereby was deposited in bank accounts subject to withdrawal therefrom only on the joint signatures of plaintiff’s…”
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