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Case No. 21-0479

ACC Holdings, LLC
v.
Todd Rooney

Todd Rooney appeals from the district court’s order denying his motion for summary judgment and granting ACC Holdings, LLC’s petition for a writ of possession pursuant to Iowa Code chapter 648. He argues the court erred by failing to dismiss ACC Holdings’ action for forcible entry and detainer because: (1) ACC Holdings voluntarily dismissed two prior actions based on the same facts and circumstances, pursuant to Iowa Rule of Civil Procedure 1.943 (the “two-dismissal rule”); (2) following issuance of the tax sale deed, he peaceably possessed the property for more than 30 days, pursuant to Iowa Code section 648.18; and (3) he has continuing redemption rights pursuant to Iowa Code section 447.7 because of his severe reading and learning disability, which thereby placed in issue the validity of ACC Holdings’ tax sale deed.

County:
Warren

Appellee

ACC Holdings, LLC

Appellant

Todd Rooney

Attorney for the Appellee

David R. Elkin

Attorneys for the Appellant

Cameron K. Wright
R. Bradley Skinner

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 23, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
21-0479
Date Published:
Apr 29, 2022

Other Information

Date Retained:
Dec 29, 2021

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