Courtney v. City of Ottumwa
Michael C. Courtney, Kathy I. Courtney, Jody L. Williams, and Todd R. Williams, Plaintiffs-Appellees
City of Ottumwa, Defendant-Appellant
Attorney for Appellee
Bryan J. Goldsmith
Attorneys for Appellant
David E. Schrock
Rachael D. Neff
Attorney for Amicus Curiae
Jason M. Craig
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Gregory G. Milani, Judge. REVERSED AND DISMISSED. Heard by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (5 pages)
The City of Ottumwa appeals the district court’s order granting declaratory judgment in favor of the plaintiffs. The district court found certain sanitary sewers in the plaintiffs’ subdivision were dedicated by common law and have been owned by the City since 1957. OPINION HOLDS: We are unconvinced that dedication is the appropriate legal theory to analyze ownership of sewer lines. However, even if we assume that dedication is both an appropriate legal theory and has been satisfied here, common-law dedication confers only an easement. Both parties agree the City already has an easement over the sewer lines in question. Finding no grounds to interfere with the City’s legislative discretion to accept and maintain sewer lines, we reverse the order of the trial court and dismiss the petition for declaratory judgment.
