Denver Sunset Nursing Home
v.
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.
Resister
Denver Sunset Nursing Home
Applicant
City of Denver, Iowa
Attorneys for the Resister
David J. Dutton
Erich D. Priebe
Attorneys for the Applicant
Randall H. Stefani
Maria E. Brownell
Supreme Court
Oral Argument Schedule
15-15-5
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
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.