Martin Robinson, Paula Robinson, Tom Robinson, and Laura Robinson
v.
Central Iowa Power Cooperative; Coggon Solar, LLC; Kenneth M. Ludolph; and Deanice R. Ludolph
In this drainage dispute, Martin, Paula, Tom, and Laura Robinson (the Robinsons), owners of uphill properties, appeal two summary judgment decisions, a ruling on a motion to expand, a quiet title judgment, and an attorney fee award against their favor and in favor of Central Iowa Power Cooperative and Coggon Solar, LLC (jointly CIPCO), and Kenneth and Deanice R. Ludolph (the Ludolphs), who are downhill property owners. The Robinsons argue: (1) they have a dominant easement right to drain their property through existing tile over their servient neighbors’ property, and this servient tenant cannot unilaterally cut or divert this tile; (2) the Robinsons have a right to enter a servient neighbor’s property to repair the tile which drains their properties; (3) CIPCO has created a nuisance on its property; (4) the trial court erred when it ruled that the Robinsons have not adequately proven their damages: and (5) CIPCO cannot escape responsibility for the damage it caused to the Robinsons’ tile and drainage by blaming its contractors.
Appellant
Martin Robinson, Paula Robinson, Tom Robinson, and Laura Robinson
Appellee
Central Iowa Power Cooperative; Coggon Solar, LLC; Kenneth M. Ludolph; and Deanice R. Ludolph
Attorney for the Appellant
Gregg Geerdes
Attorneys for the Appellee
Dennis L. Puckett
Jeffrey Schultz
Brian J. Fagan
Paul D. Gamez
Nicholas Petersen
Joseph T. Moreland
Supreme Court
Oral Argument Schedule
15-15-5
Apr 16, 2025 9:00 AM
