Iowa Legislature Negates Iowa Supreme Court Decisions….Again

In what has become somewhat of a theme over the past couple of legislative sessions, the Iowa legislature, during its 2014 session, has overturned more Iowa Supreme Court opinions with legislation. 

Beneficiary Must Pay Estate $106,712.38 Overpaid to Him by Corporate Executor

The Iowa Court of Appeals recently found that an estate beneficiary who was overpaid by the corporate executor of his mother’s estate was liable to repay the estate $106,712.38.

Iowa Supreme Court Says That The Federal Clean Air Act Does Not Preempt State Common Law Claims Against Grain Processor

The Iowa Supreme Court has ruled that neither the federal Clean Air Act(CAA), nor its Iowa counterpart, Iowa Code chapter 455B, preempts state common law claims alleging negligence, nuisance, or trespass. In so holding, the Court denied summary judgment to a grain processing company and allowed a lawsuit demanding injunctive and monetary relief filed by eight Muscatine residents to continue.

Iowa Court of Appeals Says Farmer Acquired Prescriptive Easement to Use His Irrigation Rig on Right of Way

The Iowa Court of Appeals has ruled that a farmer obtained an easement by prescription to keep a large irrigation rig on a portion of his neighbors’ property over which he already held a right of way.

Clash of the Statutes: In Battle Between Homestead and Color of Title Protections, Common Law Spouse Emerges the Winner

Faced with sorting out the rights of a surviving common law spouse and a couple who purchased the deceased husband’s home in a judicially-approved sale, the surviving spouse appears to have prevailed.

Iowa Court of Appeals Declares New Boundary Established By Acquiescence

In a case that should remind property owners to guard their legal boundaries or lose them, the Iowa Court of Appeals has ruled that a landowner established title to a tract of neighboring land through the doctrine of boundary by acquiescence. 

Iowa Court of Appeals Surprisingly Rules that Oral Agreement Negated Necessity For Statutory Lease Termination Notice

In a case disregarding long-established Iowa farm lease law, the Iowa Court of Appeals has found that a landlord was excused from statutory notice requirements because he and the tenant reached an “oral agreement” to terminate the lease.

Iowa Court of Appeals Sends Zoning Variance Challenge Back to District Court

The Iowa Court of Appeals recently reversed a district court’s order granting summary judgment to the Earlham Board of Adjustment in an action alleging that the Board illegally granted a zoning variance to a cooperative company to expand its grain bin operation within the city limits.

Iowa Court of Appeals Says that Executrix Engaged in Self-Dealing and Sold Estate Property Below Fair Value

In a case that should remind all executors that their duty is to maximize the value of the estate for the benefit of beneficiaries, the Iowa Court of Appeals has reversed a district court order that approved the sale of estate property and denied removal of an executrix for self-dealing.

Iowa Court of Appeals Declares Roadway Public and Orders Defendant to Stop Harassing Neighbor

The Iowa Court of Appeals recently affirmed a district court’s judgment declaring a disputed roadway to be public and enjoining the defendant from harassing his neighbor concerning her use of the road in the future.

Iowa Supreme Court Says Homeowners Failed to Prove That City’s Negligent Management of Storm Water Caused Flooding

The Iowa Supreme Court recently reversed a jury verdict in favor of flooded homeowners, finding that the homeowners had not shown that the City of Ottumwa’s negligent management of storm water caused the flood that devastated their home.

Bankruptcy Court Clarifies the Iowa Ag Supply Dealer’s Lien

Iowa Court of Appeals Affirms Judgment Upholding Will in Undue Influence Case

The Iowa Court of Appeals has affirmed a jury verdict against a nephew and his wife in their action seeking to set aside a decedent’s will on the grounds that it was the product of undue influence by the nephew’s siblings.

Iowa Supreme Court Says That Estate Attorney Owed no Duty to Protect the Executor’s Personal Interests

The Iowa Supreme Court has ruled that the creation of a relationship between an attorney and an executor of a decedent’s estate does not impose a duty on the attorney to protect the personal interests of the executor

Iowa Court of Appeals Says That “Rainwater” is Not “Rain” for Purposes of An Insurance Policy Exclusion

The Iowa Court of Appeals has determined that “rain” is not “rainwater” when interpreting an insurance policy coverage exclusion.

Iowa Court of Appeals Says that Permissive Use Can Become Hostile

The Iowa Court of Appeals has ruled that adverse possession can be established, even if the possessor of the property came to the property with permission.

$125,655 Dog Bite Judgment against Owner Affirmed by the Iowa Court of Appeals

The Iowa Court of Appeals has affirmed that dog owners, pursuant to Iowa Code §351.28, are strictly liable for damages done by their dogs. The court ruled that the owner’s knowledge of a dog’s propensity to be vicious is not an essential element of claims against dog owners.

Iowa Court of Appeals Finds that Land Purchasers Established Title to 2.9 Acre Tract through Adverse Possession

Court Says That All Adjoining Landowners Have Right to Access Roadway

The Iowa Court of Appeals recently settled a neighborhood dispute, ruling that all neighbors had the right to use a roadway that was designed to benefit the neighborhood.

“Continuing Storm Doctrine” Means That Business Owner Owed No Duty to Clear Icy Sidewalks

The Iowa Court of Appeals has affirmed that a mall owner owed no duty to its customers to remove snow and ice from sidewalks where a “continuing storm” did not provide the owner with a “reasonable opportunity” to remedy the condition.