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:
Date Published:
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.
