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Case No. 18-1624

Lee and Rita Dvorak
v.
Oak Grove Cattle, L.L.C.

Appellant

Lee and Rita Dvorak

Appellee

Oak Grove Cattle, L.L.C.

Attorney for the Appellant

Jeremy L. Thompson

Attorney for the Appellee

David L. Riley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1624
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Mitchell County, DeDra L. Schroeder, Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (7 pages)

            Lee and Rita Dvorak appeal the district court decision granting summary judgment to Oak Grove Cattle, L.L.C., based on the statute of limitations.  OPINION HOLDS: We conclude the district court improperly granted summary judgment to Oak Grove on the ground the Dvoraks’ action was barred by the statute of limitations.  Oak Grove did not meet its burden to show the case involved a permanent nuisance, rather than a continuing nuisance.  We reverse the decision of the district court and remand for further proceedings.

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