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Case No. 21-0652

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.

County:
Emmet

Appellants

Gordon Berg Garrison

Appellees

New Fashion Pork LLP and BWT Holdings LLP

Attorneys for Appellants

Wallace L. Taylor
David A O’Brien

Attorneys for Appellees

James L. Pray
Jennifer E. Lindberg
James W. White

Supreme Court

Oral Argument Schedule

15-15-5

Mar 23, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
21-0652
Date Published:
Jun 30, 2022
Date Amended:
Aug 26, 2022

Other Information

Date Retained:
Sep 28, 2021

View archived opinions from prior to November 2017

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