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Case No. 19-1681

Willard B. McNaughton
v.
Stanley E. Chartier, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and Abilit Holdings, LLC

Appellees Stanley E. Chartier, Jeanine K. Chartier, and Char-Mac, Inc., seek further review of the court of appeals’ opinion reversing the district court’s determination appellant Willard B. McNaughton dedicated a 13-foot by 80-foot portion of his property as a public street.

County:
Woodbury

Resisters

Willard B. McNaughton

Applicants

Stanley E. Chartier, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and Abilit Holdings, LLC

Attorneys for Resisters

Angie J. Schneiderman
Coyreen R. Weidner

Attorneys for Applicants

Chad C. Thompson

Douglas L. Phillips

Kevin H. Collins
Sarah J. Gayer

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 17, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-1681
Date Published:
Jun 24, 2022
Date Amended:
Aug 24, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1681
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (13 pages)

            Willard McNaughton appeals an order declaring the parties’ rights in an easement.  He argues the trial court erred in (1) concluding he publicly dedicated a portion of the easement to the City of Lawton (city), (2) determining in the alternative that the easement was appurtenant to adjoining property, and (3) awarding common law attorney fees to the defendants.  OPINION HOLDS: We conclude (1) the evidence was insufficient to support a finding of public dedication, (2) the easement is not appurtenant in nature, and (3) the defendants were not entitled to an award of common law attorney fees.  We reverse the district court on each of those points, and we remand the matter to the district court for further proceedings consistent with this opinion.

Other Information

Date Retained:
Aug 26, 2021

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