William Lee Pitz and Lynn S. Pitz
v.
United States Cellular Operating Company of Dubuque
William and Lynn Pitz were the recipients of farmland, which included a portion of land that had been leased to United States Cellular Operating Company so it could build a telecommunication tower on the property. The lease was for thirty years and included an option to renew for an additional term of thirty years. The district court denied the Pitzes’ petition for a declaratory judgment that US Cellular failed to validly exercise its option to renew the lease. The court of appeals opinion affirmed the district court’s determination that US Cellular properly exercised its option to renew the lease because its written notice was not defective and payment of the rent due was not a condition precedent to renewal of the lease. The Pitzes seek further review.
Appellant
William Lee Pitz and Lynn S. Pitz
Appellee
United States Cellular Operating Company of Dubuque
Attorney for the Appellant
Todd J. Locher
Attorney for the Appellee
Bret A. Dublinske and Brandon R. Underwood
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 22, 2023 10:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED ON BOTH APPEALS. Heard by Schumacher, P.J., Chicchelly, J., and Gamble, S.J. Opinion by Gamble, S.J. (12 pages)
William and Lynn Pitz (the Pitzes) appeal the ruling on their petition for declaratory judgment. The Pitzes claim the district court erred in determining there was a valid contract between the parties and they are entitled to attorney fees. United States Cellular Operating Company of Dubuque (US Cellular) cross-appeals the denial of its request for attorney fees. OPINION HOLDS: There is a valid contract between the parties because (1) the relevant renewal provision of an expiring lease did not require payment as a condition precedent to renew and (2) the renewal notice sufficiently identified the party seeking to renew the contract, so the Pitzes knew US Cellular was exercising the renewal option. Neither party may recover attorney fees.