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Case No. 19-0759

John C. Marek Jr.
v.
The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson

Defendants in a declaratory judgment action challenging the validity of their tort judgment against the City of Mt. Union following its discontinuance appealed a district court order granting plaintiffs summary judgment. Defendants contended the court erred by declaring their money judgment was void for lack of personal and subject matter jurisdiction. Plaintiffs cross-appealed a district court ruling finding judicial review was the exclusive means for plaintiffs to challenge final agency action by defendant City Development Board and granting the Board’s motion to dismiss. The court of appeals affirmed on defendants’ appeal and reversed and remanded on plaintiffs’ cross-appeal. The City Development Board seeks further review.

County:
Henry

Resister

John C. Marek Jr.

Applicants

The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson

Attorneys for Resister

Steven E. Ort

Attorneys for Applicants

Curtis R. Dial
Emily M. Willits
Alan W. Nagel

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 23, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-0759
Date Published:
Apr 16, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0759
Date Published:
Nov 30, 2020
Summary

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL.  Heard by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  Partial Dissent by May, J.  (24 pages)

            This case involves the aftermath of the discontinuance of the City of Mount Union.  Dan and Linda Johnson appeal from the district court’s order granting summary judgment to the plaintiffs declaring the Johnsons’ money judgment void for lack of personal and subject matter jurisdiction.  The plaintiffs cross-appeal the district court’s granting of the motion to dismiss filed by the City Development Board of the State of Iowa (Board).  OPINION HOLDS: We find summary judgment was properly granted to the plaintiffs, as the judgment entered is void due to the judgment being entered against an entity that no longer exists.  Because there is a conceivable state of facts under which the plaintiffs might show a right of recovery on their claims for declaratory relief against the Board, the dismissal of such claims is reversed and the case is remanded for further proceedings on those claims.  PARTIAL DISSENT ASSERTS: I agree with the majority that we should affirm the district court’s grant of summary judgment.  I would also affirm the district court's grant of the motion to dismiss.  As to that issue, I respectfully dissent.

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