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Case No. 19-0814

In the Matter of the Estate of Fae Doreen Black, Deceased.

Steven Johnston and Michael Johnston, Appellants

Attorney for Appellants

Patrick W. O'Bryan

Attorney for Appellees

Andrew B. Howie

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 13, 2020

            Appeal from the Iowa District Court for Van Buren County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            Steven and Michael Johnston seek specific performance of an “option to purchase” in a 1962 “Easement and Agreement.”  They claim the terms of that agreement allow them to purchase Van Buren County land owned by the Black Estate around a shared lake.  In an earlier boundary-dispute case, the Johnstons elected an unsuccessful path to the same result they seek in this appeal.  OPINION HOLDS: We conclude the doctrine of claim preclusion bars the Johnstons’ suit in this case.  We briefly address the statute of limitations claim to note that the Johnstons’ failure to cite any supporting authority related to the application of Iowa Code section 633.414 to these facts prohibits our review of that issue.  And they concede that their claim in probate, if treated as such, would be barred under Iowa Code section 633.410.

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