In the Matter of the Estate of Eric Von Stark, Deceased.
Applewood Manor Number Two Homeowners Association, Appellant.
Attorney for Appellant
Siobhan Briley
Attorney for Appellees
Samuel E. Jones and Jackson C. Blais
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Valerie L. Clay, Judge. REVERSED AND REMANDED. Considered without oral argument by Tabor, C.J., and Schumacher and Badding, JJ. Opinion by Tabor, C.J. (8 pages)
A homeowners association appeals the dismissal of its claim against an estate as time barred. It asserts equitable relief from that deadline based on “peculiar circumstances” under Iowa Code section 633.410(3) (2023). OPINION HOLDS: The probate court erred in applying an abandoned test to demonstrate peculiar circumstances under that code section. We find that “good conscience and fair dealing” require that the association have a hearing on the merits. So we reverse and remand to the probate court.
