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Case No. 18-1240

For summaries from opinions prior to August, 2018, view PDF versions here

Jar Farms LTD, Paul W. Thieschafer, Individually, and Paul W. Thieschafer, Amy Thieschafer and Paul Thieschafer as Co-Trustees of the Bernus A. Thieschafer Family Trust
v.
Certified Materials, Inc.

Appellee

Jar Farms LTD, Paul W. Thieschafer, Individually, and Paul W. Thieschafer, Amy Thieschafer and Paul Thieschafer as Co-Trustees of the Bernus A. Thieschafer Family Trust

Appellant

Certified Materials, Inc.

Attorneys for Appellee

Jordan T. Glaser and Leo P. Martin

Attorneys for Appellant

Aaron F. Smeall, Danielle M. Dring, and Jacob A. Acers

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1240
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Mills County, Jeffrey L. Larson, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (11 pages)

            Certified Materials, Inc. appeals the district court order granting JAR Farms, LTD a prescriptive easement over portions of its property.  OPINION HOLDS: I. JAR Farms failed to establish by clear and convincing evidence that express notice was given of any claim of right to any portion of the land now owned by Certified Materials.  Because the lack of this requisite element is fatal to JAR Farms’s claim to a prescriptive easement, we reverse the district court on this issue.  II. We reject the claim that JAR Farms sought a temporary injunction in bad faith and, therefore, affirm the district court on this issue.  III. We decline to award appellate attorney fees.

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