The Winnebago County Board of Supervisors voted to contribute $500 to the Iowa State Association of Counties (ISAC) to help fund an amicus brief in the case identified in meeting materials as Couser v. Shelby County (also referred to in discussion as "Kauser v. Shelby County"). The motion passed after brief discussion about local control and the case’s potential statewide implications.

Nut graf: Supervisors said an amicus brief from ISAC could support an argument for local zoning authority against federal preemption claims involving pipeline siting. The request in ISAC’s solicitation noted total legal costs estimated at $25,000 and asked counties for contributions of $500 each; Winnebago County approved the $500 contribution.

What was discussed: Meeting materials shared with supervisors said Shelby and Story Counties are seeking further review by the U.S. Supreme Court after a circuit panel invalidated local zoning ordinances related to hazardous liquid pipelines, and that the question is whether local setback and zoning ordinances are preempted by the federal Pipeline Safety Act or remain permissible land-use controls. Supervisors discussed the likely beneficiaries and where the funds would be routed; staff said the contribution would be sent through ISAC, which would help cover legal fees.

Case details from the meeting record: A supervisor read ISAC’s summary stating that the case centers on whether local zoning ordinances constitute federally preempted safety standards or permissible land-use controls. A participant later identified the plaintiff as William Kauser, an Iowa ethanol-industry farmer, and discussed Summit Carbon Solutions’ involvement; the transcript shows some confusion about spellings and the parties’ roles.

Procedural outcome: Motion by Derby, seconded by (transcript) Genswold, to provide $500 to ISAC for an amicus brief in the case of Couser/Kauser v. Shelby County. The motion passed. Meeting documents included a requested contribution deadline (ISAC requested contributions by Friday, Nov. 21) and a webinar for interested counties.

What the vote does not do: The county’s contribution is a single, one-time pledge; supervisors said additional contributions could be considered if ISAC requests more funds later.