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Case No. 21-0652

Gordon Berg Garrison
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.



Gordon Berg Garrison


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


Mar 23, 2022 9:00 AM


Supreme Court Opinion

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

Other Information

Date Retained:
Sep 28, 2021
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