Hunziker v. Iowa

519 N.W.2d 367 (1994)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Hunziker v. Iowa

Iowa Supreme Court
519 N.W.2d 367 (1994)

  • Written by Robert Cane, JD

Facts

In 1978, Iowa (defendant) enacted a statute that provided the state archaeologist with the authority to deny permission to disinter, or remove, ancient human remains that were more than 150 years old and remains that the archaeologist determined to have historical or scientific significance. In 1988, a group of land developers, Erben Hunziker, Donald Furman, Friedrich and Son, Inc., and Buck Construction Company, Inc. (the developers) (plaintiffs) purchased a large tract of land to develop for residential homes. In 1990, the developers sold lot 15 to Jon Fleming, who planned to construct a home on the lot. In 1991, the Iowa state archaeologist found human remains located in a Native American burial mound on lot 15. The remains were estimated to be over 1,000 years old. Pursuant to the Iowa statute regarding human remains, the archaeologist prohibited disturbance of the burial mound and designated a buffer zone around the mound. Consequently, lot 15 became unbuildable and the local municipality denied Fleming a building permit. The developers refunded Fleming and took back title to lot 15. At that point, the land was nearly valueless. The developers then brought a mandamus action, seeking a condemnation of lot 15 and just compensation. Both the developers and Iowa moved for summary judgment. The district court granted summary judgment in favor of Iowa. The developers appealed.

Rule of Law

Issue

Holding and Reasoning (Lavorato, J.)

Dissent (Snell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership