Beerite Disposal/Recycling v. Rhodes

Defendant-appellant City of Rhodes, Iowa, appeals the district court's finding, in response to plaintiff-appellee BeeRite Tire Disposal/Recycling's motion for separate adjudication of law points, that Rhodes City Ordinance 124 was invalid and unenforceable due to implied preemption by the state in the area of tire disposal under Iowa Code chapters 455B and 455D (1999). Defendant claims on appeal that the City of Rhodes was entitled to issue Ordinance 124 under its home rule power pursuant to Article 3, Section 38A of the Iowa Constitution, and that Ordinance 124 does not contradict, but rather further regulates, consistent with Iowa statutory provision, the disposal of tires in the Rhodes community. We reverse and remand to the district court. Because defendant is appealing the district court's separate adjudication of law points only, we deem this to be an interlocutory appeal. We regard defendant's appeal as an application for interlocutory appeal under Iowa Rule of Appellate Procedure 6.2. Iowa. R. App. P. 6.1. 1 Having found that the district court's ruling involves substantial rights of the parties, that it will materially affect the final decision, and that our determination of the correctness of the district court's ruling before trial on the merits will better serve the interests of justice, we grant this appeal. Iowa. R. App. P. 6.2. 1