Steven Schueller
v.
Allison Gillies and Stone Hill Community Association
Appellant
Steven Schueller
Appellee
Allison Gillies and Stone Hill Community Association
Attorney for the Appellant
Christopher C. Fry and Alyssa M. Carlson
Attorneys for the Appellee
Chadwyn D. Cox, for appellee Stone Hill Community Association
Jason D. Lehman, for appellee Allison Gillies
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Bower, C.J., and May and Ahlers, JJ. Opinion by May, J. (17 pages)
Steven Schueller appeals the district court’s order granting Allison Gillies’s partition claim and awarding unpaid assessments to Stone Hill Community Association (Stone Hill). OPINION HOLDS: Schueller failed to establish adverse possession. Stone Hill’s action to collect unpaid assessments was not barred by res judicata. Because the assessment provisions in Stone Hill’s 1976 covenants are not “use restrictions,” they are not subject to Iowa Code section 614.24 (2018).