Gordon Berg Garrison
v.
New Fashion Pork LLP and BWT Holdings LLP
Plaintiff in action against a neighboring confined animal feeding operation appeals from a summary judgment dismissing his claims for nuisance, trespass, and violation of Iowa drainage laws. He contends the district court erred: (1) in concluding the statutory immunity found in Iowa Code sections 657.11(2) and 657.11A(5) is constitutional as applied to the facts of this case; (2) in granting summary judgment when genuine issues of material fact exist on each claim; and (3) in concluding the cap on damages found in Iowa Code section 657.11A(3)(c) is constitutional.
Appellant
Gordon Berg Garrison
Appellee
New Fashion Pork LLP and BWT Holdings LLP
Attorneys for the Appellant
Wallace L. Taylor
David A O’Brien
Attorneys for the Appellee
James L. Pray
Jennifer E. Lindberg
James W. White
Supreme Court
Oral Argument Schedule
15-15-5
Mar 23, 2022 9:00 AM
