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Case No. 19-0335

Nicole Adams
v.
Long Branch Maintenance Corp.

Appellant

Nicole Adams

Appellee

Long Branch Maintenance Corp.

Attorneys for Appellant

Patrick B. White

Attorneys for Appellee

Michael J. Streit and Louis R. Hockenberg

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0335
Date Published:
Aug 19, 2020
Summary

            Appeal from the Iowa District Court for Guthrie County, Randy V. Hefner, Judge.  AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Nicole Adams appeals and Long Branch Maintenance Corp. (LBMC) cross-appeals the district court ruling denying Adams’s claim of property damage, entering a declaratory judgment, and imposing judgment in favor of the corporation based on unjust enrichment.  OPINION HOLDS: On Adams’s appeal, we affirm the denial of her property-damage claim and the finding she was a member of LBMC after it recorded the Agreement on September 22, 2014.  However, we reverse the district court’s grant of judgment in favor on LBMC based on unjust enrichment due to the express contract covering membership assessments.  On LBMC’s cross-appeal, we find no error in the court’s failure to address the assessments in the declaratory judgment, and we affirm the declaratory judgment as written.

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