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Rule 1.1301 – For what causes

May 13, 2021 | Civil Procedure, Iowa

A civil action in the nature of quo warranto, triable by equitable proceedings, may be brought in the name of the state against any defendant who is any of the following:

1. 1301(1) Unlawfully holding or exercising any public office or franchise in Iowa, or an office in any Iowa corporation.
1. 1301(2) A public officer who has done or suffered to be done, an act which works a forfeiture of the office.
1. 1301(3) Acting as a corporation in Iowa without being authorized by law so to act.
1. 1301(4) A corporation exercising powers not conferred by law, or doing or omitting acts, which work a forfeiture of its corporate rights or privileges.
1. 1301(5) A person or corporation claiming under a patent, permit, certificate of convenience and necessity or license of any nature which was granted by the state because of fraud, or mistake or ignorance of a material fact, or the terms of which have expired or been violated by the defendant, or which the defendant has in any manner forfeited. The action in such cases shall be to annul or vacate the patent, permit, certificate or license in question.

Iowa. R. Civ. P. 1.1301

Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.