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Willard B. McNaughton
v.
Stanley E. Chartier, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and Abilit Holdings, LLC
Appellees Stanley E. Chartier, Jeanine K. Chartier, and Char-Mac, Inc., seek further review of the court of appeals’ opinion reversing the district court’s determination appellant Willard B. McNaughton dedicated a 13-foot by 80-foot portion of his property as a public street.
Resister
Willard B. McNaughton
Applicant
Stanley E. Chartier, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and Abilit Holdings, LLC
Attorneys for the Resister
Angie J. Schneiderman
Coyreen R. Weidner
Attorneys for the Applicant
Chad C. Thompson
Douglas L. Phillips
Kevin H. Collins
Sarah J. Gayer
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 17, 2021 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
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Court of Appeals
Court of Appeals Opinion
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Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. REVERSED AND REMANDED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Mullins, J. (13 pages)
Willard McNaughton appeals an order declaring the parties’ rights in an easement. He argues the trial court erred in (1) concluding he publicly dedicated a portion of the easement to the City of Lawton (city), (2) determining in the alternative that the easement was appurtenant to adjoining property, and (3) awarding common law attorney fees to the defendants. OPINION HOLDS: We conclude (1) the evidence was insufficient to support a finding of public dedication, (2) the easement is not appurtenant in nature, and (3) the defendants were not entitled to an award of common law attorney fees. We reverse the district court on each of those points, and we remand the matter to the district court for further proceedings consistent with this opinion.