Pundt Agriculture, Inc. v. Iowa Department of Transportation

291 N.W.2d 340, 1980 Iowa Sup. LEXIS 831
CourtSupreme Court of Iowa
DecidedApril 23, 1980
DocketNo. 63554
StatusPublished
Cited by1 cases

This text of 291 N.W.2d 340 (Pundt Agriculture, Inc. v. Iowa Department of Transportation) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pundt Agriculture, Inc. v. Iowa Department of Transportation, 291 N.W.2d 340, 1980 Iowa Sup. LEXIS 831 (iowa 1980).

Opinion

UHLENHOPP, Justice.

In this appeal we consider the propriety of a decision by the Iowa Department of Transportation (DOT) to construct Iowa Highway 149 on a diagonal route.

Plaintiffs are farmers who by various procedural devices challenged DOT’s choice of the location for a highway to link the Amana Colonies with United States Interstate 80. On October 28,1975, the Highway Division of DOT presented the DOT Commission with three alternative routes. The first route was designed for speeds of 60 miles per hour and followed an existing north-south right-of-way for virtually all of its 5.4-mile length. The second and third alternatives were designed for speeds of 70 and 60 miles per hour, respectively, and followed only part of an existing north-south right-of-way, breaking off on a northeast diagonal about midway between Interstate 80 and United States Highway 6. Each route was considered to be of safe design.

The Commission held a hearing. Several witnesses, including plaintiffs, the DOT Director, and the Iowa County Engineer, expressed their preference for the first route. Nevertheless on December 2, 1975, the Commission adopted the 70 mile-per-hour diagonal route, which was more direct and had fewer access points, flatter slopes, and a more level grade. It would however be the most expensive of the three routes and would take the most land out of production.

On July 26, 1976, plaintiffs filed a contested-case complaint with DOT challenging its selection of the diagonal route. The Transportation Regulation Board (TRB) held hearings on the complaint on December 20 and 21, 1977, and January 18, 1978. Most of the evidence presented at the original hearing was introduced again. On February 28, 1978, TRB ruled that the DOT Commission had no jurisdiction to determine the location of the highway because the authority to do so was vested in the DOT Highway Division, and remanded the case to that Division for its action. During March, however, two of the three members of TRB were replaced, and when the DÍOT Commission petitioned for rehearing the newly-constituted TRB granted rehearing, reversed the earlier jurisdictional ruling, and directed the DOT Commission to proceed with the planning and construction of the new highway. Plaintiffs then requested a rehearing which was denied.

The various plaintiffs next filed petitions in district court challenging TRB’s rulings. The district court consolidated the plaintiffs’ cases and in rulings on February 27, 1979, and April 19, 1979, upheld the DOT Commission’s decision of December 2, 1975, and TRB’s affirmance of that decision. Plaintiffs thereupon appealed to this court, asserting among other things the Commission’s failure to apply section 306.9 of the Iowa Code and the Commission’s lack of jurisdiction to render its decision of December 2, 1975.

I. Applicability of section 306.9 to Highway 149 project. Section 306.9 of the Code expresses the General Assembly’s desire to [342]*342protect this state’s farmland in the relocation of primary highways. It provides:

It is declared to be the policy of the state of Iowa that relocation of primary highways through cultivated land shall be avoided to the maximum extent possible. Whenever the volume of traffic for which the road is designed or other conditions require such relocation, diagonal routes shall be avoided wherever feasible and prudent alternatives exist.
It is further declared that improvement of two-lane roads shall utilize the existing right-of-way unless alignment or other conditions make changes imperative, and when any two-lane road is expanded to a four-lane road, the normal procedure would be that the additional right-of-way would be contiguous to the existing right-of-way unless relocated for compelling reasons. This policy shall not apply to any highway project for which the corridor has been approved by the state department of transportation and which corridor has been finalized by September 1, 1977.

The district court ruled that this language does not apply to the relocation of Highway 149 under the present facts.

Plaintiffs contend that the preference expressed in section 306.9 should be applied in this highway project. They claim that the last sentence of that section does not apply to exempt the project, that is: “This policy shall not apply to any highway project for which the corridor has been approved by the State Department of Transportation and which corridor has been finalized by September 1, 1977.” They say that the decision on where to relocate Highway 149 was not “finalized by September 1, 1977,” as that sentence requires. They urge us to construe “finalized” in section 306.9 to mean “no longer subject to appeal, either administratively or judicially.”

Several arguments tend to support plaintiffs’ construction of the statute. First is the plain meaning of the term “finalized.” The first sense of the term “final” as it is defined in Webster’s Third New International Dictionary (1971) is “not to be altered or undone. . . ” The term “final,” in its ordinary sense, has been said to mean “last,” United States v. Tod, 1 F.2d 246, 252 (2d Cir. 1924); Standard Oil Co., New Jersey v. United States Court of Claims, 10 F.Supp. 550, 560 (Cl.Ct.1935), “complete,” State Highway Commission v. McGowen, 198 Miss. 853, 869, 23 So.2d 893, 897 (1945), and “ultimate,” Garrison v. Daugherty, 18 S.C. 486, 488 (1882). In legal terminology the term “final” has been said to mean “conclusive,” Tod, 1 F.2d at 252; Standard Oil, 10 F.Supp. at 560; Opinion of the Justices, 4 Storey 222, 54 Del. 222, 225, 175 A.2d 543, 545 (1961); State v. Barns, 119 Fla. 405, 423, 161 So. 568, 574 (1935); Towle v. Yeaton, 97 N.H. 427, 429, 90 A.2d 496, 498 (1952); Riverton Valley Electric Association v. Pacific Power & Light Co., 391 P.2d 489, 495 (Wyo.1964), and as an unappealable judgment, Tod, 1 F.2d at 252; Opinion, 4 Storey at 225-26, 54 Del. at 225-26, 175 A.2d at 545; Pittsburgh, Fort Worth & Chicago Railway Co. v. Gillespie, 158 Ind. 454, 458, 63 N.E. 845, 846 (1902); Hoste v. Dalton, 137 Mich. 522, 525, 100 N.W. 750, 751 (1904); Rondeau v. Beaumette, 4 Minn. 224, 228 (1860); Towle, 97 N.H. at 429, 90 A.2d at 498; Crowell Elevator Co. v. Kerr Gifford & Co., 114 Or. 675, 679, 236 P. 1047, 1050 (1925); Riverton, 391 P.2d at 495. See 36A C.J.S. Final at 408 (1961). Section 4.1(2) of the Code requires us to construe a word according to the “approved usage of the language,” and by its technical or legal meaning if it has acquired one. The “approved usage” of “final” supports plaintiffs’ construction of that term as used in section 306.9.

A second source of support for plaintiffs’ construction is the manner in which courts of various jurisdictions have used the term when retrospectively applying a new principle of law. For example, in Linkletter v. Walker the issue was whether the exclusionary rule applied retrospectively to cases “finally” decided prior to Mapp v. Ohio, 367 U.S. 643, 81 S.Ct.

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291 N.W.2d 340, 1980 Iowa Sup. LEXIS 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pundt-agriculture-inc-v-iowa-department-of-transportation-iowa-1980.