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Case No. 19-1253

Rick Donald Rhebb
Janet Marie Clark


Rick Donald Rhebb


Janet Marie Clark

Attorney for the Appellant

Erek P. Sittig

Attorney for the Appellee

Matthew J. Adam and Chad D. Brakhahn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 15, 2020

            Appeal from the Iowa District Court for Johnson County, Paul Miller, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            This case involves a dispute between adjacent property owners Rick Rhebb and Janet Clark related to the boundary between their respective properties in Iowa City.  Rhebb appeals the trial court’s findings of a boundary by acquiescence or, in the alternative, adverse possession.  Clark cross-appeals the denial of an award of damages for trespass.  OPINION HOLDS: Because substantial evidence supports the trial court’s findings and conclusion of a boundary by acquiescence, we affirm on Rhebb’s appeal.  The evidence Clark presented is wholly insufficient to meet her burden to prove the damages she claims.  We therefore affirm on the cross-appeal.

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