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Case No. 18-0643

Denver Sunset Nursing Home
City of Denver, Iowa

The City of Denver, Iowa, seeks further review following the court of appeals’ reversal of the district court’s ruling on summary judgment, which held Denver Sunset Nursing Home could seek damages during the five-year period prior to its suit but not the entire 28 years during which it was overcharged for electricity by the City.

Trial Court Case No.:


Denver Sunset Nursing Home


City of Denver, Iowa

Attorneys for the Resister

David J. Dutton
Erich D. Priebe

Attorneys for the Applicant

Randall H. Stefani
Maria E. Brownell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 23, 2019

            Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Vogel, S.J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (13 pages)

            Denver Sunset Nursing Home appeals the district court’s order on the parties’ competing motions for summary judgment, contending the district court erred in limiting its recovery for overcharges by the City of Denver to a period within five years of its lawsuit.  OPINION HOLDS: The discovery rule applied to toll the statute of limitations until Denver Sunset learned of the overcharges.  We reverse the summary judgment ruling to the extent the court declined to apply the discovery rule to toll the statute of limitations.  We remand for further proceedings.  

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