Rita McNeal and Cliff McNeal
v.
Wapello County and Wapello County Board of Supervisors
Plaintiffs appealed from a summary judgment dismissing their claims against defendants for breach of a settlement agreement concerning the removal of derelict vehicles from their property. Plaintiffs contended the district court erred by finding the terms of the settlement barred their breach of contract claim and by failing to recognize genuine issues of material fact as to whether all of the vehicles removed from the property by defendants were “derelict” vehicles under the agreement. The court of appeals reversed and remanded. Defendants seek further review.
Resister
Rita McNeal and Cliff McNeal
Applicant
Wapello County and Wapello County Board of Supervisors
Attorney for the Resister
Matthew G. Sease
Attorneys for the Applicant
Eric M. Updegraff
Hugh J. Cain
Brent L. Hinders
Supreme Court
Oral Argument Schedule
15-15-5
Dec 14, 2022 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. Dissent by Greer, J. (22 pages)
The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles. OPINION HOLDS: Summary judgment was improperly granted. We reverse and remand. DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction. I would affirm the district court's ruling on summary judgment.