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Case No. 18-1037

Cheryl Albaugh
v.
The Reserve

Cheryl Albaugh, on behalf of her mother, Shirley Voumard, appeals from the district court’s grant of summary judgment in favor of The Reserve, a senior adult congregative living facility as defined by Iowa Code chapter 523D. When Voumard could no longer care for herself because of worsening dementia, her agreement with The Reserve required her to move out. Albaugh sued when The Reserve kept her mother’s entrance fee of $64,975 and supplemental fee of $63,557, based on Voumard’s alleged default of the agreement. Albaugh argues the court erred by not applying Iowa’s Uniform Residential Landlord and Tenant Act, chapter 562A, and failed to order The Reserve to return the fees. She also argues the court erred in granting The Reserve summary judgment on her claims of consumer fraud, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, and unconscionability.

County:
Polk

Appellants

Cheryl Albaugh

Appellee

The Reserve

Attorneys for Appellants

Jason M. Craig
Emily A. Kolbe

Attorneys for Appellee

William J. Miller

Supreme Court

Oral Argument Schedule

15-15-5

Mar 06, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-1037
Date Published:
Jun 28, 2019

View archived opinions from prior to November 2017

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