The Law Office of Shawn Shearer, P.C., Shawn Shearer and Theodore F. Sporer v. Iowa District Court for Fremont County

Shenandoah Hills Wind Farm, LLC (“SHW”) sought to develop a wind energy conversion system partly in Fremont County and partly in Page County. In response, the Fremont County board of supervisors adopted a wind ordinance regulating the project, and SHW filed permit applications and negotiated agreements for road usage related to the project and decommissioning turbines at the end of their lifespan. Fremont County residents sued the county, its board of supervisors, and the supervisors individually, alleging various illegalities in the Fremont County wind ordinance and the board’s agreements and proceedings. SHW successfully intervened. On a motion to dismiss, the Iowa District Court for Fremont County dismissed all the residents’ claims. Based on that litigation, the district court entered an order imposing $30,000 in sanctions on the plaintiff attorneys under Iowa Rule of Civil Procedure 1.413(1). It held the plaintiff attorneys made arguments that were not well-grounded in existing law or a good faith argument to extend, modify, or reverse existing law. This court granted the plaintiff attorneys’ petition for writ of certiorari, and the plaintiff attorneys now argue: (1) they had a good faith belief that the lawsuit was well grounded in law and was warranted by existing law or an extension of existing law; and (2) the sanction was excessive, punitive, unnecessary to deter wrongful conduct, and unsupported by substantial evidence.

Holding: Two attorneys petition for a writ of certiorari challenging a $30,000 sanctions award under rule 1.413(1) for their representation of clients challenging a wind turbine construction project. Writ Sustained.