For summaries from opinions prior to August, 2018, view PDF versions here.
Dwight Hearing
v.
Kevin Alexander and K&L Properties, LLC
Appellant
Dwight Hearing
Appellee
Kevin Alexander and K&L Properties, LLC
Attorney for the Appellant
Anthony Osborn
Attorney for the Appellee
Richard H. Moeller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge. AFFIRMED. Considered by Bower, C.J., Langholz, J., and Danilson, S.J. Opinion by Langholz, J. (13 pages)
Dwight Hearing appeals the district court’s ruling that he failed to establish a new boundary line by acquiescence between K&L Properties, LLC’s farmland and his residential property. OPINION HOLDS: We review a boundary-by-acquiescence claim under Iowa Code chapter 650 for corrections of errors of law—not de novo. And under this proper standard of review, substantial evidence supports the district court’s finding that Hearing failed to prove by clear evidence that prior owners of the farmland acquiesced to his alleged boundary line.
