Appeal Dismissed in Property Boundary Case

October 5, 2011 | Erin Herbold-Swalwell

Here, adjoining landowners settled a boundary line dispute in 2009 and the settlement was approved by the district court. Under the settlement, the landowners designated a marker to establish one point of a north-south boundary. The parties agreed that a survey company would project points from that marker, using GPS locating devices “or other appropriate and regular technology associated with contemporary surveying” and agreed not to use a “full survey.” Further, the parties agreed that the settlement resolved all issues relating to the location of the boundary line and the trial court would retain jurisdiction solely for the purpose of resolving issues related to projecting and marking the new boundary line by GPS. 

The preliminary line established by the GPS survey went through the defendant’s cultivated land and the defendant refused to comply with marking the surveyed line. The adjoining landowner filed a motion to enforce the consent decree and the trial court granted the application. The defendant moved for reconsideration, raising a public policy challenge to the underlying settlement. The trial court denied the motion. The defendant appealed to the Iowa Court of Appeals. According to the appellate court, the defendant failed to file a timely appeal, because the final order or judgment he was appealing from was the settlement itself, not the denial of his motion for reconsideration. A party wishing to appeal a final order of judgment must file a notice of appeal within 30 days of the entry of that judgment. To challenge the settlement agreement, the defendant would have had to do so within 30 days of the execution of that settlement agreement. Thus, the defendant was out of luck and the court did not address the public policy issues. Warren Land Co., Inc. v. Turner, No. 1-658/10-1235 (Iowa Ct. App. Sept. 21, 2011).