Sound Storm Ent., Inc. v. Keefe, in & for Fayette Cty.

209 N.W.2d 560
CourtSupreme Court of Iowa
DecidedJuly 3, 1973
Docket54838
StatusPublished
Cited by33 cases

This text of 209 N.W.2d 560 (Sound Storm Ent., Inc. v. Keefe, in & for Fayette Cty.) 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.

Bluebook
Sound Storm Ent., Inc. v. Keefe, in & for Fayette Cty., 209 N.W.2d 560 (iowa 1973).

Opinion

RAWLINGS, Justice.

This is an original certiorari proceeding to review decree entered by respondent judge holding plaintiffs guilty of contempt and imposing concomitant penalties for violation of temporary injunctions.

Tuesday, July 28, 1970, State of Iowa, ex rel. Robert D. Ray, Governor, Richard C. Turner, Attorney General (Attorney General), Walter Saur, Fayette County Attorney, Jack Fulton, Commissioner of Public Safety and Arnold Reeve, Commissioner of Public Health, commenced an action in equity against Sound Storm Enterprises, Inc. (Sound Storm), Wadena Development *562 Company (Wadena Company), James A. Crill (Crill) and Murray Moorhatch (Moorhatch). The above identified public officials thereby alleged defendants (hereafter sometimes referred to as original defendants) were promoting and intending to conduct a “rock music festival” near Wa-dena commencing Friday, July 31, 1970, and continuing through the weekend to August 2nd. It was further asserted original defendants had failed to comply with Sections 444.18 and 332.23, The Code 1966, and Iowa State Department of Public Health regulations in that facilities to be provided regarding the proposed festival were insufficient to handle law enforcement, public health and safety problems attendant upon an anticipated attending crowd of 24,000 people. The aforesaid petition was supported by Richard Turner’s affidavit.

July 28, 1970, C. Edwin Moore, Chief Justice of this court, temporarily restrained original defendants:

“ * * * from promoting or conducting a rock music festival or other show in Fayette County, Iowa, from selling tickets therefor, and from further doing or performing any other acts or things calculated or intended to, or having the effect of, attracting large numbers of people to said vicinity, until further order of the District Court of Iowa, in and for Fayette County * *

Pursuant thereto a temporary injunction issued July 28th by Fayette District Court clerk.

July 29th the original notice, petition and Justice Moore’s related order were served upon Moorhatch. The same day like notice was given Sound Storm and Wadena Company by service upon Clarence Cosson, registered agent in Des Moines.

Wednesday, July 29, 1970, at 1:15 p. m., Sound Storm and Moorhatch, appearing by counsel, filed application to dissolve the above mentioned temporary injunction, and a motion for change of venue. Judge E. B. Shaw accordingly transferred place of trial to Clayton County and ordered hearing on the dissolution application be had at 2:00 p. m., July 30, 1970, before Judge Thomas H. Nelson.

July 30, 1970, all parties, including original defendants, appearing by counsel before Judge Nelson, submitted briefs and arguments. At 7:13 p. m. that date a decree was entered which provided, in part:

“The Court, prior to argument, announced that he had determined that it was impractical, with the time available, to take evidence or explore the questions of whether the matters set forth in the Petition and supporting Affidavit for Injunction constituted sufficient grounds for the issuance of an injunction and for that reason the same shall be assumed to be true and to constitute sufficient grounds for the issuance of the Injunction, providing the proper procedural steps have been taken prior thereto. It was stipulated and agreed that, for the purpose of consideration of the Application to Dissolve and Vacate the Injunction, it may be so considered.”

Judge Nelson also then found the restraining order issued by Justice Moore had enjoined the general and ordinary business of a corporation without notice and hearing as required by Rule 326, Iowa R.Civ.P. Thereupon that injunction was thus modified:

“Defendants and each of them are hereby temporarily enjoined and restrained from the violation of Sec. 444.18 and Sec. 332.23 of the Code of Iowa and the rules of the Iowa State Department of Public Health, or the commission or the encouraging of the commission of any public offense in connection with the promotion of a music or art festival in Fayette County, Iowa; otherwise Defendants are relieved from the effect of the Injunction issued in the above entitled cause July 28, 1970.”

*563 July 31, 1970 at 3:30 p. m., Attorney General filed an application for a show cause order thereby alleging original defendants had sold tickets and attracted crowds to the ■ festival location, and arranged for parking areas and other facilities at the site, all in violation of Justice Moore’s order. These acts were alleged to have occurred July 29 and 30, 1970. Attorney General also asserted original defendants violated Judge Nelson’s July 30th injunction by encouraging bands to attend at the festival site, continuing to there construct the stage,, leasing additional parking facilities, installing toilets, roads and other facilities, setting up concessions, and generally doing things to promote and conduct the festival, all without obtaining permits required by The Code 1966, Sections 444.-18, 332.23, and absent compliance with applicable Iowa Department of Health regulations. This application was also aided by Turner’s affidavit.

July 31, 1970, at 3:31 p. m., Judge Shaw entered a show cause order. In response defendants thereto, James A. Crill, Murray Moorhatch, William J. Schereck, Jr., Charles J. Duffy, Michael Berkos, Michael Driscoll and James Price, appeared with counsel. They moved for a continuance in order to prepare for hearing. That motion was granted for the reasons stated and because of the fact it was approximately 6:00 p. m. when the proceeding commenced.

October 9, 1970, Judge Joseph C. Keefe directed hearing be had on the show cause order at 10:00 a. m., Monday, November 30, 1970, in the courtroom at West Union, Fayette County.

November 23, 1970, Sound Storm, Crill, Moorhatch, Schereck, Duffy, Berkos, Dris-coll and Price filed answer to the show cause order. The next day Wadena Company filed its answer thereto.

These responding defendants thereby admitted preparations for the festival continued July 29 and 30 “upon demand of the plaintiffs and their agents”, but denied any announcement was made to the effect they were proceeding with the festival or continuing to sell tickets. The above identified original defendants also alleged that other than Moorhatch or Crill, none of them had notice of the injunction until after Judge Nelson’s July 30th order. Duffv, Berkos and Driscoll asserted they were not at the rock festival site anytime July 29th but except for Duffy they were there present July 30th. These original defendants also denied having encouraged bands to perform at the festival after issuance of the injunction, alleging in that regard bands had been engaged prior to issuance of the injunction. They further denied having violated the injunction by failing to obtain the required permits, or that Iowa Department of Health regulations had been violated.

Original defendants additionally asserted no “show” had been held prior to 6:00 p. m., Friday, July 31st and by that time they were relieved, under Judge Shaw’s order, from obtaining the aforesaid permits.

November 30, 1970, the show cause matter came on for hearing but was continued on application of plaintiffs due to inability of Turner and Duffy, to then appear.

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Bluebook (online)
209 N.W.2d 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sound-storm-ent-inc-v-keefe-in-for-fayette-cty-iowa-1973.