IN THE SUPREME COURT OF IOWA

MAY 16, 2017

CLERK OF SUPREME COURT

No. 17–0423
Polk County No. CVCV051987
Polk County No. CVCV051990
Polk County No. CVCV051997
Polk County No. CVCV051999
ORDER
KEITH PUNTENNEY, LAVERNE JOHNSON,
RICHARD R. LAMB, trustee of the RICHARD R. LAMB
REVOCABLE TRUST, MARIAN D. JOHNSON by her
Agent VERDELL JOHNSON, NORTHWEST IOWA
LANDOWNERS ASSOCIATION, IOWA
FARMLAND OWNERS ASSOCIATION, INC.,
and the SIERRA CLUB IOWA CHAPTER,
Petitioners-Appellants,
and
HICKENBOTTOM EXPERIMENTAL FARMS, INC.,
PRENDERGAST ENTERPRISES, INC,
Petitioners,

ELECTRONICALLY FILED

vs.
IOWA UTILITIES BOARD,
A DIVISION OF THE DEPARTMENT OF
COMMERCE, STATE OF IOWA,
Respondent-Appellee,
and
OFFICE OF CONSUMER ADVOCATE
Intervenor-Appellee,
and
DAKOTA ACCESS, LLC,
Indispensable Party-Appellee.

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 This matter comes before the court upon a motion to dismiss filed by Dakota
Access, LLC (“Dakota Access”). The appellants have filed resistances. The Office of
Consumer Advocate, an intervenor, has also filed a resistance. Dakota Access has filed a
reply to the resistances.
Dakota Access contends this appeal should be dismissed because the appellant,
Sierra Club Iowa Chapter, has failed to establish proper standing in this matter and the
remaining appellants’ claims are moot. Upon consideration, the motion to dismiss is
denied. Dakota Access may raise the issues regarding standing and mootness in its
appellate brief.
A notice of withdrawal of counsel was also filed by attorney Richard W. Lozier,
Jr. requesting permission to withdraw as counsel for the MAIN Coalition, an intervenor
in this matter. The notice indicates two other attorneys have appeared as counsel for the
MAIN Coalition. Upon consideration, attorney Lozier, Jr.’s request to withdraw is
granted.
Lastly, the court notes the court reporter’s certificate of filing a transcript was filed
on May 2, 2017. As no other transcripts have been ordered, the clerk shall issue a briefing
deadline.
Copies to:
William Hanigan
215 10th Street Suite 1300
Des Moines, IA 50309
Wallace Taylor
118 3rd Ave SE Suite 326
Cedar Rapids, IA 52401
John Stewart Long
1375 East Court Avenue
Des Moines, IA 50319

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 Mark Richard Schuling
1375 East Court Avenue Room 63
Des Moines, IA 50319
Brant M. Leonard
Fredrikson & Byron P.A.
309 East 5th Street Suite 202a
Des Moines, IA 50309
Benjamin John Flickinger
Iowa Utilities Board
1375 East Court Avenue
Des Moines, IA 50319-0069
David Jay Lynch
Iowa Utilities Board
1375 E. Court Ave Rm. 69
Des Moines, IA 50319
Espnola Frances Cartmill
666 Walnut St Suite 2000
Des Moines, IA 50309
Richard Lozier
666 Walnut Street
2000 Financial Center
Des Moines, IA 50309
Matthew Charles Mcdermott
666 Walnut Street Suite 2000
Des Moines, IA 50309

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 State of Iowa Courts
Case Number
17-0423

Case Title
Puntenney v. Iowa Utilities Board
So Ordered

Electronically signed on 2017-05-16 08:25:16

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