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Case No. 21-1437

Gary Kluender, Jr.
v.
Plum Grove Investments, Inc.

Gary V. Kluender Jr., who owned and farmed the property at issue in this case, appeals the district court’s grant of summary judgment to Plum Grove Investments, Inc., who purchased a tax sale certificate for the property. Kluender did not redeem the certificate within the statutory period under Iowa Code section 447.9. Kluender argues: (1) property rights are constitutionally protected under Iowa law; (2) Iowa’s statutory scheme in chapter 447.9 fails to provide an adequate procedural due process framework and is facially unconstitutional; (3) Iowa’s state interest of revenue collection is not affected by requiring more adequate notice and violates substantive due process; and (4) Iowa Code section 447.9 violates due process rights protected under Iowa’s constitution.

County:
Floyd

Appellant

Gary Kluender, Jr.

Appellee

Plum Grove Investments, Inc.

Attorney for the Appellant

Todd P. Prichard

Attorney for the Appellee

James E. Nervig

Supreme Court

Oral Argument Schedule

15-15-5

Dec 14, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
21-1437
Date Published:
Feb 03, 2023
Date Amended:
Apr 11, 2023

Other Information

Date Retained:
Jun 01, 2022
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