Nearly three dozen plaintiffs from western Iowa are part of lawsuit filed today (Wednesday) against the U.S. Army Corps of Engineers. The case concerns recurring flooding along the Missouri River between 2006 and 2011. Edwin Smith is an attorney with the law firm Polsinelli PC, based in Kansas City, Missouri.  “We’re seeking to be compensated for the devastating losses that our clients, which number of 200, have experienced as a result of this flooding,” Smith announced at a news conference in Omaha.

Thirty-three Iowans are among the roughly 200 landowners, business owners, and farmers along the Missouri River seeking damages. The other plaintiffs are from Nebraska, Missouri, Kansas, and South Dakota. According to Smith, up until a decade ago, the U.S. Army Corps of Engineers prioritized flood control when managing operations of dams, reservoirs, and other structures along the river. Smith claims those priorities changed in 2004, which led to severe and frequent flooding.

“The Corps changed it’s policies and procedures, sacrificing our clients’ interests, in order to promote fish and wildlife and other environmental interests,” Smith said. The lawsuit contends the Corps violated the Fifth Amendment of the Constitution. “It’s the Fifth Amendment that ensures each and every one of us…that the U.S. government cannot take our private property for the good of the public unless they give us just compensation,” Smith said.

The lawsuit alleges the Corps increased water storage levels and altered the schedule for water release from six large reservoirs. It also claims the Corps changed the structure of dikes and dams along the river to scour the banks and make the river shallower and created secondary channels that increase the frequency and duration of floods.

(Radio Iowa)

DES MOINES, Iowa (AP) — Patients and medical experts told lawmakers about the positive uses of medical marijuana, arguing the medical community and public could benefit from the drug. Relatives of patients with epilepsy and cancer who testified Wednesday before the Senate Commerce Committee and the Senate Ways and Means Committee told lawmakers they’ve exhausted all their options for pain-relieving and seizure-related drugs. They say medical marijuana can ease the side effects of drugs already taken or in ways other drugs cannot.

Even lawmakers who support medical marijuana legislation has acknowledged it won’t pass this session, but Sen. Matt McCoy, a Democrat from Des Moines, says he hopes to educate lawmakers on its positive uses and hopefully legalize it next year.

Members of the Iowa Supreme Court will visit area high schools in southwest Iowa, to meet with students and discuss the role of the courts. On Wednesday, March 12th, the justices will visit Clarinda High School, Shenandoah High School, Red Oak High School, Atlantic High School, and Southwest Valley High School in Corning.

In addition to the school visits, the supreme court will hold a special session in Clarinda on Tuesday evening March 11th. During the special session, the court will hear oral arguments in two cases in the Clarinda High School auditorium, 100 North Cardinal Drive. The session begins at 7-p.m. As always, oral arguments are open to the public. A public reception with the justices, sponsored by the Clarinda Chamber of Commerce, will follow the oral arguments in the high school commons.

The Iowa Supreme Court will hear lawyers argue in two cases:

State of Iowa v. Dustin Dean Short

On further review, the Iowa Supreme Court must determine whether law enforcement’s warrantless, but limited-in-scope search of the residence of defendant, who was on probation at the time and had executed a probation agreement, was valid under Iowa’s constitutional search and seizure provision. In State v. Ochoa (2010), the supreme court concluded that a warrantless, suspicionless search of a parolee in his motel room by a general law enforcement officer violated article I, section 8 of the Iowa Constitution.

In the Matter of the Guardianship and Conservatorship of Kennedy

The Iowa Code provides that a guardian must receive court approval to arrange for a ward’s nonemergency medical procedure. In this case, the Guardian Ad Litem of the developmentally delayed adult ward asks the Iowa Supreme Court to determine whether a vasectomy is a major elective surgery requiring the ward’s guardian to first obtain court approval before the procedure.

Here is the schedule to the high school visits on March 12th:

Chief Justice Mark Cady will visit Shenandoah High School at 8:30 a.m.

Justice David Wiggins will visit Red Oak High School at 9:30 a.m.

Justice Thomas Waterman will visit Southwest Valley High School at 10:00 a.m.

Justice Bruce Zager will visit Clarinda High School at 10:30 a.m.

Justice Daryl Hecht will visit Atlantic High School at 12:40 p.m.

DES MOINES, Iowa (AP) – Former Republican presidential nominee Mitt Romney is backing state Sen. Joni Ernst in the crowded GOP primary for Iowa’s open U.S. Senate seat. In a Wednesday press release from Ernst, Romney calls the lawmaker from Red Oak “a proven conservative with a great record.”

Ernst is among six Republicans running in the June 3 primary. The others include radio host Sam Clovis, businessman Mark Jacobs, former U.S. Attorney Matt Whitaker and lesser-known candidates Paul Lunde and Scott Schaben. They are vying to run against U.S. Rep. Bruce Braley of Waterloo, the only Democrat running for the seat now held by Democrat Tom Harkin, who is not seeking a sixth term in November.

Romney campaigned aggressively for Iowa in the 2012 election but lost the state to President Barack Obama.

A Harlan man charged with sexual exploitation by a school employee and assault with intent to commit sexual abuse, has agreed to plead guilty to a reduced charge of assault. 73-year old Lee Gordon Nelson, a former contractor with the Harlan Community School District, entered his plea Wednesday in Shelby County District Court and will serve 45-days in jail.

District Court Judge James Heckerman said Wednesday the parties involved in the case had reached an agreement where the original charges were dropped and Nelson will not be allowed to have any contact with a minor unless with a family member. He must also have no contact with the victim in the case or her family, and may not be allowed on the Harlan Community School District grounds or school functions. All restrictions were placed for a two year term.

During the trial on Tuesday, the victim, who was in her late teens at the time the incidents occurred, took the stand and testified that from between October 2012 and February 2013, Nelson held her hand, played footsie and touched her thigh throughout private lessons held at the school district, on band trips and at Nelson’s home.

Following the state’s case on Tuesday, Defense Attorney Dave Richter motioned for acquittal, saying the state failed to show evidence of sexual exploitation, and the contract signed by Nelson to the Harlan Community School District was for an independent contractor –  not a school district employee. Before a verdict on the acquittal could be made by the judge, a plea agreement was reached between the parties. If the terms of the agreement are violated, Nelson would serve a total of 180 days in jail.

(Joel McCall/KNOD)

BURLINGTON, Iowa (AP) – Some pet breeders in Iowa say proposed legislation placing new restrictions on their work would put them out of business in the state.  The bill, which was recently approved by a Senate commerce committee, would include requirements like increased licensing fees, more outdoor access and larger kennel sizes. There would also be stricter penalties for violations.

The Burlington Hawk Eye reports the legislation would affect commercial breeders with more than four animals. Daniel Reece, president of the Iowa Pet Breeders Association, says the proposed rules would essentially get rid of pet breeding in the state. Margie Davis, a member of Iowa Voters for Companion Animals, says the bill is intended to shut down puppy mills.

The bill has now been referred to the Senate Ways and Means subcommittee.

Representatives of area emergency services toured Cass County Health System recently as part of local disaster preparedness efforts. “With all the changes in our building we thought it was important to give our emergency responders an up-close look at our facility,” noted Amy Anstey, CCHS Safety and Emergency Preparedness Coordinator.

Jack Evans of the CCMH Plant Operations Department explains the decontamination area in the CCMH Emergency Department. Shown from left are: Darby Mclaren, Cass County Sherriff; Mike Kennon, Cass County Emergency Management Coordinator; Evans and John Johnson, Atlantic Fire Department and Medivac Ambulance. (Photo from Sara Nelson/CCMH)

Representatives from the Atlantic Fire Department, Cass County Sheriff’s Department, Medivac Ambulance Service and the Atlantic Police Department, along with Cass County Emergency Coordinator Mike Kennon participated in the extensive tour. Guests were welcomed by the CCHS Safety Department staff. Brian Juhl, Diagnostic Imaging, explained the special response tactics required for the new Magnetic Resonance Imaging (MRI) equipment, due to the high powered magnet utilized. Members of the Cass County Memorial Hospital Plant Operations Department spoke with guests and then led three groups on tours of the facility. The tours included public areas of the facility as well as maintenance areas, underground access tunnels, rooftop access and all other exits and entrances to the facility.

This was the first time a tour of this nature had been organized, and the participants all expressed appreciation for the opportunity. “The hospital is a complex facility that could present serious challenges to Emergency Responders depending on the threat,” Kennon noted. “The tour helped identify emergency access points, critical areas and functions within the facility, and options to mitigate risks from specific threats.” Discussion among hospital staff and the emergency responders led to several ideas for improving responder access, which will be implemented in the near future.

An accident Tuesday morning at 18th and Sycamore Streets in Atlantic caused a total of $4,500 damage, but no one was hurt. According to Atlantic Police, a vehicle driven by David Freund, of Atlantic, was turning west onto Sycamore when the sun reflected into Freund’s eyes. The blinding light caused him to run into a parked car registered to Stephanie Clark, of Atlantic. No citations were issued.