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Case No. 19-1635

REG Washington, LLC
v.
Warren Bush, William Horan, Taylor Schroeder, Charles & Angela Bush, Gary Soules, Linda Bush, and Tim Burrack

Appellee

REG Washington, LLC

Appellant

Warren Bush, William Horan, Taylor Schroeder, Charles & Angela Bush, Gary Soules, Linda Bush, and Tim Burrack

Attorney for the Appellee

John F. Lorentzen and Thomas C. Goodhue

Attorney for the Appellant

Warren L. Bush

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1635
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Sac County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            The defendants appeal the district court order granting summary judgment for REG Washington, LLC (REG) on its claim for restitution and dismissing their counterclaims.  OPINION HOLDS: REG is entitled to restitution for the payments it made to purchase the defendants’ units of ownership in Iowa Renewable Energy (IRE) because IRE’s board of directors refused to approve the transfer.  The defendants failed to present the necessary evidence in support of their counterclaims.

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