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Case No. 18-2131

Mary Jane Buck; Lois Erbstein; Donald and Lorraine Shirk; and Maureen D. Wilson, Individually and as Trustee of the Maureen D. Wilson Revocable Trust
v.
The Reserve, a Nonprofit Corporation d/b/a The Reserve on Walnut Creek

Appellee

Mary Jane Buck; Lois Erbstein; Donald and Lorraine Shirk; and Maureen D. Wilson, Individually and as Trustee of the Maureen D. Wilson Revocable Trust

Appellant

The Reserve, a Nonprofit Corporation d/b/a The Reserve on Walnut Creek

Attorneys for Appellee

Jason M. Craig and Maria E. Brownell

Attorneys for Appellant

William J. Miller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2131
Date Published:
Mar 18, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (17 pages)

            The Reserve on Walnut Creek (the Reserve) appeals an adverse judgment on the plaintiffs’ claims of breach of fiduciary duty and unconscionable contract; the plaintiffs cross-appeal the dismissal of their claim under the Iowa Uniform Residential Landlord and Tenant Act and their claim of consumer fraud.  OPINION HOLDS: Our supreme court recently decided an almost identical case involving another member of the Reserve, the same legal representatives, and very similar claims.  Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019).  Because we are bound by that ruling, we reverse and remand for dismissal on the Reserve’s appeal.  We affirm the entry of summary judgment on the plaintiffs’ additional claims.

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