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Mary Jane Buck; Lois Erbstein; Donald and Lorraine Shirk; and Maureen D. Wilson, Individually and as Trustee of the Maureen D. Wilson Revocable Trust
v.
The Reserve, a Nonprofit Corporation d/b/a The Reserve on Walnut Creek
Appellee
Mary Jane Buck; Lois Erbstein; Donald and Lorraine Shirk; and Maureen D. Wilson, Individually and as Trustee of the Maureen D. Wilson Revocable Trust
Appellant
The Reserve, a Nonprofit Corporation d/b/a The Reserve on Walnut Creek
Attorney for the Appellee
Jason M. Craig and Maria E. Brownell
Attorney for the Appellant
William J. Miller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. REVERSED ON APPEAL; AFFIRMED ON CROSS-APPEAL. Heard by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (17 pages)
The Reserve on Walnut Creek (the Reserve) appeals an adverse judgment on the plaintiffs’ claims of breach of fiduciary duty and unconscionable contract; the plaintiffs cross-appeal the dismissal of their claim under the Iowa Uniform Residential Landlord and Tenant Act and their claim of consumer fraud. OPINION HOLDS: Our supreme court recently decided an almost identical case involving another member of the Reserve, the same legal representatives, and very similar claims. Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019). Because we are bound by that ruling, we reverse and remand for dismissal on the Reserve’s appeal. We affirm the entry of summary judgment on the plaintiffs’ additional claims.
