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Case No. 21-0215

Rita McNeal and Cliff McNeal
v.
Wapello County, Wapello County Board of Supervisors

Appellant

Rita McNeal and Cliff McNeal

Appellee

Wapello County, Wapello County Board of Supervisors

Attorneys for Appellant

Matthew G. Sease

Attorneys for Appellee

Eric M. Updegraff, Hugh J. Cain, Brent Hinders, and Daniel J. Johnston (until withdrawal)

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0215
Date Published:
Apr 13, 2022
Summary

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

Other Information

Date Further Review is Granted:
Jun 28, 2022
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