On June 9, 2023, the Iowa Supreme Court ruled that parts of the lawsuit could move forward, while officially throwing out other claims.
The case—officially titled Livingood v. City of Des Moines—centered on whether the city acted legally when collecting unpaid traffic camera fines by taking money directly from people's state tax refunds.
The Supreme Court split its decision into two main parts: [2]
What the Court Ruled in Favor of the City (Claims Dismissed)
The Supreme Court agreed with the lower court and dismissed the majority of the plaintiffs' complaints, deciding that the city's traffic camera system and collection methods were legal in these areas:
No Constitutional Violations: The court ruled that taking traffic fines from tax refunds did not violate anyone's constitutional right to due process.
Not an Illegal Tax: The automated traffic fines were not considered an unconstitutional or illegal property tax.
Statute of Limitations: The court decided that the one-year deadline to bring a municipal infraction to court did not apply here, because the city was doing out-of-court collection rather than starting a new lawsuit.
What the Court Ruled in Favor of the Plaintiffs (Claims Reopened)
The Supreme Court found that the local judge made a mistake by completely throwing out the case. They revived two major legal arguments and sent them back to the local court for a trial:
State Law Preemption: The court allowed the plaintiffs to argue that the city's collection method was "preempted" (overruled) by Iowa Code section 364.22, which usually requires a city to get a formal court judgment before taking someone's money.
Unjust Enrichment: The court reopened the claim that the city was unfairly holding onto money it had no legal right to collect.
Because the Supreme Court revived these specific points, the case was "remanded" (sent back) to the local Polk County court, which ultimately led to the full trial in June 2026.
