129 State, L.L.C., and Patricia J. Brown, as Trustee under the Revocable Living Trust Agreement of Patricia J. Brown
v.
Howard 209, L.C.
Appellee
129 State, L.L.C., and Patricia J. Brown, as Trustee under the Revocable Living Trust Agreement of Patricia J. Brown
Appellant
Howard 209, L.C.
Attorney for the Appellee
Brian D. Torresi and Lucas B. Draisey
Attorney for the Appellant
James E. Nervig and Daniel P. Kresowik
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Dale E. Ruigh, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Vaitheswaran, P.J. (4 pages)
Howard 209, L.C. appeals the district court’s order on the parties’ competing motions for summary judgment, contending the district court erred in declining to apply “the ten-year limitations period of Iowa Code section 614.17A” (2018). OPINION HOLDS: Because the covenant prohibiting Howard 209 from renting its property falls squarely under the twenty-one year limitations period set forth in Iowa Code section 614.24, the district court did not err in concluding 129 State, L.L.C.’s petition was timely and in granting 129 State’s cross-motion for summary judgment.
