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Case No. 19-1792

Mallavarapu v. City of Cedar Falls

Ravindra Mallavarapu, Mark Hannasch, Chad Benson, Danan Dou, Scott Miller, Mark DeGroote, and Zifan Ju, Plaintiffs-Appellants/Cross-Appellees,

vs.

City of Cedar Falls, Defendant/Cross-Appellant,

and

Thunder Ridge West Owners Association, Defendant.

_________________________

City of Cedar Falls, Cross-Claimant,

vs.

Thunder Ridge West Owners Association, Cross-Defendant.

__________________________

City of Cedar Falls, Third-Party Plaintiff,

vs.

Fareway Stores, Inc., Iowa Petroleum and Convenience, Inc., Walgreen Company and CRMS, LLC, Third-Party Defendants-Appellees.

Attorney for Appellants

Brandon M. Schwartz

Attorney for Cross-Appellant

Samuel Anderson

Attorney for Appellees

Christopher S. Wendland

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1792
Date Published:
Dec 16, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (15 pages)

           

            Several homeowners appeal, while the city and a business owners association cross‑appeal, an order denying the homeowners’ request for specific performance of maintenance provisions in a storm water easement agreement between the city and the association.  As a threshold issue, the city argues the homeowners could not seek specific performance because they were not the intended third-party beneficiaries of the easement agreement.  OPINION HOLDS: Finding merit in the city’s contention that the homeowners lacked standing to bring this action, we affirm the denial of equitable relief on that ground and do not reach the other issues raised on appeal and cross-appeal. 

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