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Donahue v. Washington County2/6/2002
te special relationship between that person and the county. In the 2001 Kolbe examination of this issue, however, the Iowa Supreme Court concluded that there was no special relationship between plaintiff, who was injured by a motorist, and the Iowa Department of Transportation, who may have been negligent in issuing that motorist a license. Kolbe, 625 N.W.2d at 729-30. We are inclined to find, consistent with the supreme court's most recent finding, that no such special relationship existed under the facts of this case. The duty of Washington County to seize a dangerous dog or to report it to the Board of Health, which was breached, is a duty for the general safety of the public. Every member of the public would be included in the class of those put in danger by a vicious dog. In these situations where a statute's purpose is to alleviate a risk to the public at large, the public duty doctrine, which under Kolbe is still applicable law, eliminates the liability of the municipality for its negligent officers and employees.
In that it is clearly established law that administrative rules cannot go further than the law permits, and for the same reasons we determined section 351.26 was intended for the general public welfare, we find the Washington County ordinances also do not establish the requisite special relationship necessary to show a duty. Kolbe, 625 N.W.2d at 727; (citing Iowa Nat'l Indus. Loan Co. v. Iowa State Dep't of Revenue, 224 N.W.2d 437, 441 (Iowa 1974)). Because there is no duty which would support an action in negligence, we affirm the district court's summary judgment for defendant.
AFFIRMED.
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