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Steve Pettett, Tracey Pettett, Joe Flower, Danita Flower, Steve Harper, and Lynnette Harper
v.
John Krughel and Trisha Krughel
Appellee
Steve Pettett, Tracey Pettett, Joe Flower, Danita Flower, Steve Harper, and Lynnette Harper
Appellant
John Krughel and Trisha Krughel
Attorney for the Appellee
William Stengel
Attorney for the Appellant
Robert S. Gallagher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (13 pages)
John and Trisha Krughel appeal from a judgment ordering them to demolish a building on their property because it was built in violation of restrictive covenants. OPINION HOLDS: The Krughels built a building on their lot in violation of the lot’s restrictive covenants. Their argument that it was impossible or impractical to seek approval of their subdivision’s building committee fails because the building committee existed and the Krughels had notice of that fact. And we decline to consider the Krughels’ new laches and estoppel-by-acquiescence arguments because they did not preserve error by raising them with any specificity in the district court. So we affirm the district court’s order to demolish the building.
