Francis Livingood, Christoper Maury, and Daniel Robbins v. City of Des Moines, Iowa

Plaintiffs appeal a district court ruling granting defendant city a summary judgment in plaintiffs’ action for declaratory and injunctive relief concerning the city’s use of the income offset program to collect fines for traffic citations issued pursuant to the city’s automated traffic enforcement (ATE) ordinance. Plaintiffs contend the court erred: (1) by concluding the city’s use of the offset program was not preempted by Iowa Code sections 364.22(7) and 364.22(10); (2) in determining the collection of ATE fines years after the alleged infraction through the offset program did not violate the statute of limitations in Iowa Code section 614.1(1); (3) in finding the collection of alleged ATE debts using the offset program without first obtaining a judgment did not violate due process; (4) in not finding the city’s use of the offset program constituted an unlawful taking; and (5) in finding the city was not unjustly enriched by the ordinance.

Holding: Plaintiffs appeal from the district court order granting summary judgment in favor of a municipality on challenges to the municipality’s use of the state income offset program to collect automated traffic citations not reduced to a legal judgment. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.