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Case No. 21-0215

Rita McNeal and Cliff McNeal
v.
Wapello County and Wapello County Board of Supervisors

Plaintiffs appealed from a summary judgment dismissing their claims against defendants for breach of a settlement agreement concerning the removal of derelict vehicles from their property. Plaintiffs contended the district court erred by finding the terms of the settlement barred their breach of contract claim and by failing to recognize genuine issues of material fact as to whether all of the vehicles removed from the property by defendants were “derelict” vehicles under the agreement. The court of appeals reversed and remanded. Defendants seek further review.

County:
Wapello

Resister

Rita McNeal and Cliff McNeal

Applicants

Wapello County and Wapello County Board of Supervisors

Attorneys for Resister

Matthew G. Sease

Attorneys for Applicants

Eric M. Updegraff
Hugh J. Cain
Brent L. Hinders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0215
Date Published:
Apr 13, 2022
Summary

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

Other Information

Date Further Review is Granted:
Jun 28, 2022
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