Skip to main content
Iowa Judicial Branch
Main Content

Case No. 21-0215

Rita McNeal and Cliff McNeal
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.



Rita McNeal and Cliff McNeal


Wapello County and Wapello County Board of Supervisors

Attorney for the Resister

Matthew G. Sease

Attorneys for the Applicant

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

Supreme Court

Oral Argument Schedule


Dec 14, 2022 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 03, 2023
Date Amended:
Apr 25, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 13, 2022

            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
© 2024 Iowa Judicial Branch. All Rights Reserved.